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HIBTOHY 



OF 



^ 



HISTORY 



OF 



NEW-YORK, 

FROM THE FIRST DISCOVERY TO THE YEAR M.DCC.XXXU. 



TO WHICH IS ANXEXED, A DESCRIPTION OP THE COUNTRY, WITH A SHOllI' 

ACCOUNT OF THE INHABITANTS, THEIR RELIGIOUS AND POUTICAt 

STATE, AND THE CONSTITUTION OF THE COURTS Or 

JUSTICE IN THAT COLONY. 



Lo ! swarming o'er the new diBCOver'd world. 

Gay colonies extend ; the calm retreat 

Of undeserv'd distress Thomson. 

iVec minnr fst rirtus, qitam qtiarere, jmrfa tueri. 



BY WILLIAM SMITH, A. M. 



WITH A CONTINUATION, 

From the. Year 1732, to the Commencement of the Year 1814 



ALBANY : 



PRINTED BY RYER SCHERMERHORN. 

Sold by liiraself and G. Forbes, Albany ; H. Stockwell, Troy ; A. Seward, Uticaj 
and Andrus & Starr, Hartford, 

1814, 



District of Ncrv-York, ss. 

BE it remembered, that on the thirtieth day of July, in the thirty-ninth year of the 
lnde[iendence of the United States of America, Ryer Scherraerhorn, of the said district, 
has deposited in this office the title of a Book, the right whereof he claims as proprietor^, 
in the words and figures following, to wit ; 

" History of New-V'ork, from the first discovery to the year m.bcc.sxxii. To which is 
annexed, a description of the country, witii a short account of the inhabitants, their reli- 
gious and political state, and the constitution of the courts of justice in that colony. 

" Lo ! swarming o'er the new discover'd world, 
" (Jay colonies e:;tend ; the calm retreat 

" Of undeserv'd distress TnoMSOx. 

" A'cc minor est xirtits, quam quarere, parta tiieri. 
By William Smith, A. M. With a continuation, from the year 1732, to the commence- 

mtut of the year IBM." 
In conformity to th« act of the Congress of the United States, entitled " An act for tlif; 
encouragement of learning, by securing the copies of maps, clwrts and books to the authors 
and proprietors of such copies, during the time therein mentioned." And also lo an act, 
entitled " an act su|iplementary to an act, entitled an act for tiie encouragejnent of learn- 
ing, by securing the copies of maps, charts, and books to the authors and projjrietors of 
such copies, during the times tlierein mentioned, and extending the benefits thereof to 
tlie arts of designing, engravint and etchins historical and other prints." 

^ 'I'HEIlOiN RUDD, Ckikof the District of New-York. 






^X\ 



rlB VERTISE31ENT. 



In point of wealth, resources and importance, the 
state of New- York is second to none in tlie Uniono 
She has been the theatre of interesting transactions 
since her first colonization. The ambitious views of the 
aspiring court of France, while it controuled the Cana- 
das, were frequently directed to her subjugation : and 
in repelling the incursions of the French and Indians, 
much of her blood has been drawn, and much of her 
treasure dissipated. The history of the founders of 
this state is crouded with striking incidents. With a 
bravery and vigour of soul, which, were they recorded 
in Grecian or Roman history, w ould have exalted their 
names, they defended their territory again,:t invasion, 
and their civil and religious rights from the encroach- 
ments of arbitrary power. In truth, they possessed 
an unusual portion of that proud spirit of freedom, 
which looks indignantly upon chains, and spurns 
coercion. In reviewing the conduct of our ancestors, 
we find much to swell our bosoms with honourable 
pride. 

Little attention, however, lias, hitherto, been directed 
to the history of this stale. While New-Hampshire, Mas- 
tsachusetts, Connecticut, Vermont, and some other states^ 
possess accurate and valuable historical meiuoirs, of 
recent date. New- York lias been, for the last seventy 
years, entirely neglected. The history by Judge 



VI. 

Smith, is a work of established reputation, but it closes* 
when the more interesting events of our history begin 
to develope. To supply this deficiency, as far as pro- 
gress lias been made, is the object of the continuation 
to the present work. How far, and how successfully 
this has been accomplished, is left to the decision of 
the candid and impartial reader. 

The historical facts have been collected from official 
documents, so far as these were accessible ; and where 
these were deficient recourse has been had to such 
other sources as were entitled to credit. 

In copying Smith's history, few deviations from his 
mode of spelling the names of places, particularly such 
as are derived from the aboriginal tongues, have been 
made. It is believed that he adopted the mode of spell- 
ing which conveyed most clearly the sound of Indian 
words. 



TO THE RIGHT HONOURABLE 

EARL OF HALIFAX, YISCOUNT SUNBURY, 

First Lord Commissioner of Trade and Plantations, &c. &c. 

MY LORD, 

I BEG your favourable acceptance of this short account of the 
ancient and present state of the province of New-York. 

It is not presented for your lordship's information. All the world 
knoMs (hat the affairs of the British colonies haA'c been, for several 
years past, under your principal direction : and the wisdom of the mea- 
sures pursued for their prosperity and defence, aie indisputable argu- 
ments of your acquaintance "vvith their condition. 

Not am I induced to inscribe these pages to your loidship by inte- 
rest, the common motive to addresses of this kind. Being, therefore, 
uninfluenced by the principle, I shall not folloAV the example, of dedi- 
cators ; but suppress those sentiments concerning your lordship, which 
Tpould, nevertheless, give offence only to yourself, and to those who 
envy your talents and your virtues, and are enemies io their effects, 
your reputation, and your power. 

My lord, your ardent attention to the American plantations, and as^ 
siduous labours for their protection and growth, Lave laid us under the 
most indispensable obligations to gratitude. 

Your lordship will, therefore, excuse me for embracing this opportu- 
nity to make a publick declaration of the deep sense I have of your 
kind offices to my country, and to do myself the lionour of testifying^ 
that 

I am, my lord, your lordship's 

Most obedient and most humble servant, 

\VILLIAM SMITJtf. 
New- York, June 15, 1756, 



PREFACE, 



VVHOEyER considers the number and extent of 
the British colonies, on this continent ; their climates, 
soil, ports, rivers, riches, and numberless advantages, 
must be convinced of their vast importance to Great 
Britain ; and be at a loss to account for the ignorance 
concerning them, which prevails in those kingdoms, 
whence their inhabitants originally sprang. The mer- 
chants indeed, by profitable experience, have not been 
altogether unacquainted with oiu* trade and our growth 
— and some gentlemen of an inquisitive turn, by the 
help of their correspondents, have obtained the know- 
ledge of many other particulars equally important. 
But the main body of the people conceive of these 
plantations, under the idea of wild, boundless, inhos- 
pitable, uncultivated desarts ; and hence the punish- 
ment of a transportation hither, in the judgment of 
most, is thought not much less severe, than an infa- 
mous death. Nay, appealing to facts, we may safely 
assert, that even the publick boards, to whose care 
these extensive dominions have been more especially 
committed, attained but lately, any tolerable acquaint 
tance with their condition. This is the more to be 
wondered at, as it is natiual to imagine, that the king's 
governours have statedly transuiitted full accounts of 

2 



X Preface. 

their respective provinces. The case has been quilc 
otherwise. Governments were heretofore too often 
bestowed upon men of mean parts, and indigent cir- 
cumstances. The former were incapable of the task, 
and the hitter too deeply engrossed by the sordid 
views of private interest, either to pursue or study our 
common weal. The worst consequences have result- 
ed from these measures. Perpetual animosities being 
engendered between the governours, and the people 
subjected to their authority ; all attempts for conciliat- 
ing the fi'iendship of the Indians, promoting the fur 
trade, securing the command of the lakes, protecting 
the frontiers, and extending our possessions far into 
the inland country, have too often given place to par- 
ty projects and contracted schemes, equally useless 
and shameful. The conduct of the French has been 
just the reverse ; in spite of all the disadvantages of 
a cold climate, a long and dangerous navigation up 
the river of St. Lawrence, a rough, barren, unsettled* 
country, locked up from all comiimnication with the 
ocean, the greatest part of the year ; I say, notw ith- 
standing these difficulties, they have seized all the ad- 
vantages which we have neglected. The continent^ 
for many hundred leagues, has been thoroughly ex- 
plored, the main passes fortified, innumerable tribes 
of Indians, either won over to their interest,t subdued 
or bridled, the fiu* trade engrossed, a communication 
maintained between the extremes of New-France, the 
British colonies restricted to scant limits alonir the sea 



'' " Encore nioins peuple." Charlevoix. 

t " Notre nation, la seule, qui ait eu le secret de gagner raffccUojj 
ties Ameriquaius." Charlevoix. 



Preface, xi 

;*liore, and nolbing left remainin<^ for the establkhmeiit 
of a vast empire, but to open a free water passage to 
ilie ocean, bj the conquest of the province of New- 
York, 

If the governours of these plantations had formerly 
been animated by the same generous and extensive^ 
views, which inspired Mr. Burnet ; the long projected 
designs of our common enemy might, with the aid of 
dreat Britain, have been many years ago supplanted, 
or at least defeated, at a trifling expense. But alas ! 
little, too little, attention has been had to these impor- 
tant affairs, till the late encroachments on the river 
Ohio, in the province of Pennsylvania, gave the alarm, 
and the ministry were apprised of the French machi- 
nations, by the seasonable representations of General 
Shirley ; and if the colonies have now attracted the 
notice of his majesty and his parliament, their grateful 
acknowledgments are due principally to the noble 
lord, to whom these sheets are dedicated, for his laud- 
able enquiries into their state, and his indefatigable 
zeal and industry for their defence and prosperity. 

At present our affairs begin to wear a more smiling 
aspect. We are under the guardianship of a sovereign 
who delights in the welfare of his people ; are respect- 
ed by a parliament, affected with a generous sympa- 
thy for the distresses of their fellow subjects, in all 
their dispersions ; and by a wise improvement of the 
British aids, it is hoped, we shall be able to retrieve 
the ill consequences of our long, reproachful, and in- 
sensible seciuity. 

Formerly the colonies were at home disregarded 
and despised, nor can any otlier reason be assigned for 
it, than that tliey were unknown. Thi^ i% in a great 



^ Preface. 

deiji-ee, to be imputed to ourselves. If our governours 
withheld those infonnations, which their duty required 
thejTi to have given, persons of private character ought 
to have undertaken that useful and necessary task. 
But, except some accounts of the settlements in the 
Massacliusetts Bay and Virginia, all the other histo- 
ries of our plantations upon the continent are little 
else than collections of falsehoods, and worse than 
none. That this charge against those published con- 
cerning this province, in particular, can be fully sup- 
ported, I persuade myself, will incontestably appear 
from the following summary, concerning which I shall 
say a ^ew words. 

Having been formerly concerned, according to an 
appointment by act of assembly, in a review and di- 
gest of our provincial laws, it was the duty of myself, 
and my partner in that seiTice, to peruse the minutes 
of the council, ard the journals of the general assem- 
bly, from the glorious revolution, at the accession of 
king William, to the year 17.51 : and as an acquaint- 
ance with our publick transactions, was a branch of 
instruction, of which a student for the profession of 
the law ought not to be ignorant, I have since re- 
examined those entries, beginning with the first min- 
utes of council, and read over many of the records 
in the secret aiy's office. From these authentick ma- 
terials, the following pages were, in a great measure, 
comi>iled. For many of those parts, which concern 
our aflairs with the French and the Indians, antece- 
dent to the peace of Ry swick, in 1697, I am bound to 
make liberal acknowledgments to Dr. Golden, the au- 
thor of the history of the Five Nations. 

Mr. Alexander, a gentleman eminent in the laWj 



preface, xiii 

and equally distinguished for his humanity, generosi- 
ty, great abilities, and honourable stations, supplied 
me with some useful papers ; and has left behind 
him a collection, that will be very serviceable to any 
gentleman who may hereafter incline to continue this 
narrative, through the administrations of Mr. Cosby, 
and Lieutenant-Governour Clarke. The draught of 
this work was imfinished, at the time of Mr. Alexan- 
der's decease ;* and therefore, as it never passed un- 
der his examination, many important additions are 
lost, which his long and intimate acquaintance with 
the affairs of this province would have enabled him to 
supply. 

When I began to frame this digest, it was only in- 
tended for private use ; and the motives which now 
induce me to publish it, are the gratification of the 
present thirst in Great Britain after American intelli- 
gences : contributing, as far as this province is con- 
cerned, to an accurate history of the British empiref 
in this quarter of the world ; and the prospect of do- 
ing some small service to my country, by laying be- 
fore the publick a summary account of its first rise 
and present state. 

Influenced by these views, I am not so regardless 
of the judgment of others, as not to wish it may be, in 

* He died on the 2d of April, 1756. 

i As the provinces are different in their constitutions, and with 
respect to government, independent of each other ; no general history 
of America can be expected, till gentlemen of leisure will draw up 
particular accounts of the respective colonies with whicli thev are 
acquainted. 



xiir Preface, 

some measure, acceptable. To please all sorts of rea- 
ders I know is impossible : he who writes with such 
hopes, is a stranger to human nature, and will be in- 
i'allibly disappointed. My design is rather to inform 
than })lease. He who delights anly in pages sliining 
with illustrious characters, the contentions of armies, 
the rise and fall of empires, and other grand events, 
must have recourse to the great authors of antiquity. 
A detail of the little transactions, which concern a co- 
lony, scant in its jurisdiction, and still struggling with 
the difficulties naturally attending its infant state, to 
cjentlemen of this taste, can furnish no entertainment. 
The ensuhig narrative, (for it deserves not the name of 
a, history, though for brevity's sake I have given it 
that title) presents us only a regular thread of simple 
facts ; and even those unembellished Avith reflections, 
because they themselves suggest the proper remarks, 
and most readers will doubtless be best pleased with 
their own. The sacred laws of truth have been in- 
fringed neither by positive assertions, oblique, insidious, 
hints, wilful suppressions, or corrupt misrepresenta- 
tion. To avoid any censiu'e of the kind, no reins have 
been given to a wanton imagination, for the invention 
of plausible tales, supported only by light probabili- 
ties ; but choosing rather to be honest and dull, than 
agreeable and false, the true import of my vouchers 
hath been strictly adhered to and regarded. 

A\ ith respect to its style, the criticks, in that branch 
of literature, are at fvdl liberty to condenm at their 
})leasure. The main use of language is to express our 
ideas. To write in the gay, pleasing, pomp of diction, 
is above my capacity. If any are disposed to blame 
uie for being too verbose, let it be remembered that 



Preface. st 

this 13 the indefeasible right of my profession, founded 
upon immemorial prescription. Perspicuity is all I hav€ 
endeavoured to maintain, nor am I at leisin-e to study 
any higlicr attainments in language. 



Hi STORY OF ^EW-YOBK, 

9 



PART I. 

From the Discovery of the Colony to the Surrender 

in 1664* 



Christopher COLUMBUS, a Genoese, em 
ployed by Ferdinand and Isabel, king and queen of 
Castile, was the first discoverer of America** He 
sailed from St. Liicar in August, 1492, and made 
sight of one of the Bahama islands on the eleventh of 
October followins;. Newfoundland and the main con- 
linent, A\ere discovered five years after, by Sebastian 
Gabato, a Yenetian, in the service of Henry VII. of 
England, from the 38th to the 68th degree of north 
latitude. 

On the tenth of April, 1606, king James I. for plant- 
ing two colonies, passed the great north and south 
V^irginia patent. To Sir Thomas Gates and others, 
leave was given to begin a plantation, at any place on 
(he continent, they should think convenient, between 



* Some authors alledge, that Columbus first ofTered his services io 
the republick of Genoa ; then to John II, of Portugal, and afterwards 
to our king Henry VII ; but this disagrees with Lord Bacon's ac- 
count, who informs us, that Christopher Columbus sailed, before his 
brother Bartholomew had laid tiie project before tlie king, which was 
owins: to hi? falling into the hands of ph-atcs on his way to England, 



18 History of Netv-york. 

the 34th and list degrees of latitude : and all tlie lands; 
extending fifty miles, on each side, along the coast, one 
hundred miles into the country, and all the i^nds 
within one hundred miles opposite their plantations, 
were granted in fee, to be called the first colony. By 
the same patent, a like quantity Avas granted to Tho- 
mas Henliam, Esq. and others, for a plantation between 
38 and 45 degrees of latitude, under the name of the 
second colony. The first began a settlement in the 
great bay, (Chesapeake) in 1607. The latter was plant- 
ed at Plymouth, in New-England, 1620. 

Henry Hudson, an Englishman, according to our au- 
thors, in the year 1608,* under a commission from the 
king his master, discovered Long Island, New- York, 
and the river which still l>ears his name ; and afterwards 
sold the country, or rather his right, to the J3utch. 
Their writers contend, that Hudson was sent out by the 
East-India company in 1609, to discover a north Avest 
passage to China ; and that having first discovered Del- 
aware bay, he came hither and penetrated up Hudson's 
river, as far north as the latitude of 41>°. It is said, 
however, that there was a sale, and that the English ob- 
^jected to it, though they for some time neglected to 
oppose the Dutch settlement of the country. 

In 1610, Hudson sailed again from Holland to this 
country, called by the Dutch, New-Netherland ; and 
four years after, the States General granted a patent to 
sundry merchants, for an exclusive trade on tlie North 



* Charlevoix, a French Jesuit, author of the General History of 
T^ew-France, thinks this discovery Mas in 1(309, vol. I. 12mo. edition, 
p. 221. But Stith, Douglas, Oldmixon, and other English writers 
agree that Hudson's first voyage was in the precediug year. 



History of New- York. 19 

River, who in 1614 built a fort, on the vA^est side, near Al- 
bany, which was first commanded by Henry Christiaens. 
Captain Argal was sent out by sir Thomas Dale, go- 
vernour of Virginia, in the same year, to dispossess the 
French of the two towns of Port-Royal and St. Croix, 
lying on each side of the bay of Fundyin Acadia, then 
clai'ned as part of Virginia*. In his return, he visited 
the Dutch on Hudson's river, who being unable to re- 
sist him, prudently submitted for theprasentto the king 
of England, and under him to the governour of Vir- 
ginb. The very next year, they erected a foil on the 
south-west point of the island Manhattans, and two oth- 
ers in 1623 : one called Good-Hope, on Connecticut 
river, and the other Nassau, on the east side of Dela- 
ware bay. The author of the accoiuit of Nev/-Nether- 
landf asserts, that the Dutch purchased the lands on 
both sides of that river in 1632, before the English were 
settled in those parts ; and that they discovered a little 
fresh river, farther to the east, called Varsche Ri vie die, 
to distinguish it from Connecticut river, known among 
theiTi, by the name of Varsche Rivier, Avhich Vander- 
donk also claims for Ihe Dutch. 

* Charlevoix places this transaction in 1613. Vol. I. Hist, of Ne\r- 
France, in 12mo, p. 210. But Stith, whom I follow, beijig a clerj^y- 
man in Virginia, had greater advantages of knowing the truth than the 
, French Jesuit. 

t The pamphlet is entitled, " Beschryvinghe van Virginia, Neiuw 
Nederland," &c. and was printed at Amsterdam in 1651. It contains 
two descriptions of the Dutch possessions. The first is a copy of that 
published by John De Laet, at Leyden. The second gives a view of 
this countiy several years after, in 1619. A short representation of 
•he country of the Mahakuase Indians, written in 1644, by John Me- 
gapolensis, jun. a Dutch minister residing here, is annexed to that part 
of the paninhlcl concerning Now-Netherl?.nd. 



30 History of New-York. 

Determined upon the settlement of a colony, the Slates 
General made a ^rant of the country, in 1621, to the 
West-India company. Wouter Van Twiller, arrived at 
Fort-Amsterdam, now New-York, and took upon him- 
self the government in June, 1629. His style, in the pa- 
tents granted by him, was thus, " We director and coun- 
cil, residing in New-Netherland on the island Manhat- 
tans, under the government of their high mightinesses, 
the lords States General of the United Netherlands, and 
the privileged West-India company." In his time the 
Nevv-Enghmd planters extended their possession West- 
ward as far as Connecticut river. Jacob Van Curlet, 
the commissary there, protested against it, and in the 
second year of the succeeding administration, under 
William Kieft,* who appears first in 1638, a prohibi- 
tion was issued, forbidding the English trade at fort 
Good-Hope ; and shortly after, on complaint of the in- 
solence of theEnoiish, an order of council was made for 
sending more forces there, to maintain the Dutch terri- 
tories. Dr. Mather confesses, that the New-England 
men first formed their design of settling Connecticut riv- 
er in 1635, before which time, they esteemed that river, 
at least 100 miles from any English settlement ; and that 
they first seated themselves there in 1636, at Hartford, 
near fort Good-Hope, at Weathersfield, Windsor, and 
Springfield. Four years after, they seized the Dutch 
garrison, and drove them from the banks of the river, 



* We have no books amoLi<;our Dutcli records remaining in tlie secre- 
tary's office, relating io ritafe matters, before Kieft's time, nor any enrol- 
pient of patents, till the year after Van Twiller arrived here. Mr. Ja- 
cpb Goelel supplied us villi several extracts from the Piitch record^s. 



Hhtory of New- York. 21 

having first settled New-Haven in 1638, regardless of 
Kieft's protest against it. 

The extent of New-Netherlandwasto Delaware, then 
called South River, and beyond it ; for I find, in the 
Dutch records, a copy of a letter from William Kieft, 
May 6, 1638, directed to Peter Minuit*, who seems by 
the tenour of it, to be the Swedish governour of Ncv/- 
Sweden, asserting, "that the whole South River of New- 
Netherland, had been in the Dutch possession many 
years above and below, beset with forts, and sealed 
with their blood." Which Kieft adds, has happened 
even during your administration " in New-JVetherland, 
and so well known to you." 

The Dutch writers are not agreed in the extent of 
Nova Belgia, or New-Netherland ; some describe it to 
be from Virginia to Canada ; and others inform us, that 
the arms of the States General were erected at Cape Cod, 
Connecticut, and Hudson's river, and on the west side 
of the entrance into Delaware bay. The author of the 
pamphlet mentioned in the notes gives Canada river for 
a boundary on the north, and calls the country, north 
west from Albany, Terra Incognita. 

* The anonymous Dutch author of the DosciipiIoD of Ne-vv-Netlier- 
land in 1649, calls him BlinneMits; -aivA adds, that in 1638 iie arrived 
at Delaware with two vessels, pretendiiis; that he touched far refresh- 
ment in his way to the West-Indies ; but that he scon threw oiT tiie 
disi^uise, by eniployinif his men in erecting a fort. The same historian 
informs us, of the murder of several Dutch men, at Soutii River, by 
the Indians, occasioned by a quarrel, concerning the taking away the 
States' arms, which the former had erected at the ftrst discovery of that 
country; in resenting which an Indian had been killed. IfKieii's let- 
ter rdludes to this ailair, then IMiiuiit preceded A'an Twiller, in tlie 
chief command here ; and beiiig perhaps disobliged by the Dutch, 
entered into tlie service of the queen of Sweden. 



22 History of New-York. 

In 1610, the English, who had overspread the eastern 
part of Long Island, advanced to Oysterbay. Kieft 
broke up their settlement in 1642, and fitted out two 
sloops to drive the English out of Schuylkill, of which 
the INIarylanders had lately possessed themselves. The 
instructions, dated May 22, to Jan .Tansen Alpendam, 
who commanded in that enterprise, are upon record, 
and strongly assert the right of the Dutch, both to the 
soil and trade there. The English from the eastward 
shortly after sent deputies to New- Amsterdam, for the 
accommodation of their disputes about limits, to whom 
the Dutch offered the following conditions, entered in 
their books exactly in these words : 

** Conditiones ai D. Directore Gen. senatuys Novi 
" Belgii, Dominis We}tingh atque Hill, Delegatis 
" a noblli Senatu Hartfordiensi, oblatae : 

" Pro x\.gro nostro Hartfordiensi, annuo persolvent 
" Prrepotentiss. D. D. Ordinibus Feed. Provinciarum 
" Belgicarum aut eorum Vicariis, decimam Partem 
" Ilcvcntus Agrorum, turn Aratro, tinu Ligone, aliove 
" Cultorum medio ; Pomariis, Hortisq ; Oleribus di- 
" catis, .Tugerum Hollandium non excedentibus ex- 
" ceptis ; aut Decimarum Loco, Pretium nobile postea 
" constituendum, tam diu quau diu possessores ejus- 
" dem Agri futuri erunt. Actum in Arce Amsteloda- 
" mcnsi in novo Belgio, Die Julii 9 Anno Chrisli 1642." 

We have no account that the English acceded to 
these proposals, nor is it probable, considering their 
superior strength, tliat tliey ever did : on the contrary, 
they daily extended their possessions, and in 1643 the 
colonies of the Massachusetts' Bay, Plymouth, Connect- 
icut, and New-IIaven, entered into a league both 
against the Dutch and Indians, and grew so powerful 



History of Nen-York. 23 

as to meet slioilly after, upon a design of extirpating the 
former. Tlie Massachusetts' Bay declined this enter- 
prise, which occasioned a letter to Oliver Cromwell 
from William Hooke, dated at New-Haven, November 
3, 1653, in which he complains of the Dutch, for supply- 
ing the natives with arms and ammunition, begs his assis- 
tance with two or three frigates, and that letters might be 
sent to the eastern colonies, commanding them to join 
in an expedition against the Dutch colony. Oliver's af- 
fairs would not admit of so distant an attempt,* but 
Richard Cromwell afterwards drew up instructions to his 
commanders for subduing the Dutch here, and wrote let- 
ters to the English American governments for their aid ; 
copies of which are preserved in Thurloe's collectioUp 
vol. 1. p. 721, &c. 

Peter Stuy vesant w^as the last Dutch governour, and 



* The war between him and the States, which began in July, 1C52, 
was concluded by a peace on the fifth of April, 1654. The treaty 
makes no particular mention of this country. If any part of it can be 
considered as relating to the American possessions, it is to be found in 
the two first articles, which are in these words : " Imprimis, It is 
agreed and concluded, that, from this day forwards, there be a true, 
firm, and inviolable peace, a sincere, intimate and close friendthio, 
affinity, confederacy, and union, betwixt (he republick of England and 
the States General of the United Provinces of the Nellierlands, and the 
lands, countries, cities, and towns, under the dominions of each, williout 
distinction of places, together with their people and inhabitants of what- 
soever degree. 

" II. That hereafter all enmity, hostility, discord, and contention 
betwixt the said republicks, and their people and subjects, shall cease, 
and both parties shall henceforwards abstain from the committing all 
manner of mischief, plunder, and injuries, by land, by sea, and on the 
fresh waters, in all their lauds, countries, doaiiuions, places, and govern- 
ments whatsoever. 



251 History of New-Tork. 

though he had a coinniission in 161G, he did not begin 
iiis administialion till May 27, 1647. The inroads and 
claims npon his government, kept him constantly em- 
ployed. New-England on the east, and Maryland on 
the west, alarmed his fears by their daily increase ; and 
about the same time captain Forrester, a Scotchman, 
clahned Long Island for the dowager of Stirling. The 
Swedes too werepeipetually incroaching npon Delaware. 
Through the unskilfulness of the mate, one Deswyck, a 
Swedish captain and supercargo arrived in Raritan riv- 
er. The ship was seized, and himself made a prisoner 
at New-Amsterdam. Stuyvesant's reasons were these- 
In 1651, the Dutch built fort Casimk, now called New- 
castle, on Delaware. The Swedes, indeed, claimed the 
country, and Printz, their governour, formally protested 
against the works. Risingh, his successor, under the 
disguise of friendship, came before the fortress, fired 
two salutes, and landed thirty men, who were entertain- 
ed by the commandant as friends ; but he had no sooner 
discovered the weakness of the garrison, than he made 
himself master of it, seizing also upon all the ammuni- 
tion, houses, and other effects of the AYest-India com- 
pany, and compelling several of the people to swear 
allegiance to Christina, queen of Sweden. The Dutch, 
in 165.5, prepared to retake fort Casimir. Stuyvesant 
commanded the forces in person, and arrived with them 
in Delaware the 9th of September. A few days after, 
he anchored before the garrison, and landed his troops. 
The fortress was immediately demanded as Dutch pro- 
perty : Suen Scutz, the commandant, desired leave to 
consult Risingh, which being refused, he surrendered 
the 16th of September on articles of capitulation. The 
whole strength of the place consisted of four cannon. 



History of New-York* 25 

fourteen pounders, five swivels, and a parcel of small 
arms, which were all delivered to the conquered. Fort 
Christina was commanded by Risingh. Stuyvesant 
came before it, and Risingh surrendered it upon terms 
the 25th of September. The country being thus sub- 
dued, the Dutch governour issued a proclamation, in 
favour of such of the inhabitants, as would submit to the 
new government, and about thirty Swedes swore, " Fi- 
delity and obedience to the States General, the lords di- 
rectors of the West-India company, their subalterns of 
the province of New-Netherlands, and the director 
general then, or thereafter, to be established." Ri- 
singh and one Elswych, a trader of note, were order- 
ed to France, or England, and the rest of the Swedish 
inhabitants to Holland, and from thence to Gottenberg. 
The Swedes being thus extirpated, the Dutch became 
possessed of the West side of Delaware bay, now call- 
ed the three lower counties. 

This country was afterwards under the command of 
iieutenant-governours, subject to the controul of, and 
commissioned by, the director general at New-Amster- 
dam. Johan Paul Jaquet was the first vice-direclor, or 
lieutenant-governour, of South River. His successors 
were Alricks, Hinojossa and William Beekman. The 
posterity of the last remains amongst us to this day» 
These lieutenants had power to grant lands, and theii" 
patents make a part of the ancient titles of tlie present 
possessors. Alrick's commission, of the 12th of April,, 
1657, shews the extent of the Dutch claim on the west 
side of Delaware at that time. He was appointed " Di- 
rector general of the colony of the South River of New- 
Netherlands, and the fortress of Casimir, now called 
Niewer Amstel, with all the lands depending thpreon^ 

4 



26 History of New- York. 

according to the first piircliasc and deed of release of 
the natives, dated July 19, 1651, beo^inning at the west 
side of the Minquaa, or Christina Kill, in the Indian 
lan.fruage named Suspecoiigh, to the mouth of tlie hay, 
or river called Bompt Hook, in the Indian language 
Cannaresse ; and so far inland as the bounds and limits 
of the Minquaas land, with all the streams, &c. appur- 
tenances, and dependencies." Of the country north- 
ward of the kill, no mention is made. Orders in 1658 
were given to William Beekman to purchase Cape Hin- 
lopen from the natives, and to settle and fortify it, 
which, for want of goods, was not done till the succeed- 
ing year. 

In the year 1 659, fresh troubles arose from the Mary- 
land claim to the lands on South River; and in Septem- 
ber Colonel Nathaniel Utie, as commissioner from Fen- 
dal lord Baltimore's governour, arrived at Niewer Am- 
stel from Maryland. The countiy was ordered to be 
evacuated, lord Baltimore claiming all the land, be- 
tween 38 and 40 degrees of latitude, from sea to sea, 
Beekman and his council demanded evidence of his 
lordship's right, and offered to prove the Stales General's 
grant to the West-India company, their payment to 
them for the land and possession ; and upon the whole 
proposed to refer the controversy to the republicks of 
England and Holland, praying at the same time, three 
weeks to consult Stuyvesant, the general. The com- 
missioner, notwithstanding, a few days after, warned 
him to draw of, beyond the latitude of 40° : but Beek- 
man disregarded the threat. Colonel Utie thereupon re- 
turned to Maryland, and an immediate invasion was ex- 
pected. 

Early in the spring of the year 1660, Nicholas Yar^ 



History of New- York. 27 

ietli, and Brian Newton, were dispatched from fort Am« 
sterdam to Virginia, in quality of ambassadors, with 
full power to open a trade, and conclude a league, of- 
fensive ami defensive against the barbarians. William 
Berckley, the governour, gave tiiera a kind reception, 
approved their proposal of peace and commerce, which 
Sir Henry Moody was sent here to agree upon and per- 
fect. Four articles, Ut that purpose, were drawn up, 
and sent to the governour for confirmation. Stuyve- 
sant artfully endeavoured, at this treaty, to procure an 
acknoAvledgement of the Dutch title to the countr}% 
which Berckley as carefully avoided. This was his an- 
swer : 

" Sir,. 
" I have I'eceived the letter, you were pleased to 
send me, by Mr. Mills his vessel, and shall be ever 
ready to comply with you, in all acts of neighbourly 
friendship and amity. But truly, sir, you desire me to 
do that, concerning your titles, and claims to land, in 
this northern part of America, which I am in no capa^ 
city to do ; for I am but a servant of the Assembly's : 
neither do they arrogate any power to themselves, far- 
ther than the miserable distractions of England force 
them to. For when God shall be pleased in his mercy, 
to take away and dissipate the unnatural divisions of 
their native country, they will immediately return to 
their own professed obedience. What tiien they should 
do in matters of contract, donation, or confession of 
right, would have little strength or signification ; much 
more presumptive and impertinent, would it be in me 
to do it, without their knowledge or assent. W^e shall 
¥ery shortly meet again, and then, if to them you signi- 



23 History of New- York. 

fy your desires, I shall labour all I caii, to get you a 
satisfactory answer. 

** I am, sir, 

" Your humble sei-vant, 
" William Berckley.'* 

«' Virginia, August 20, 1 660," 

Governour Stuyvesant was a faithful servant of the 
"West-India company : this is abundantly proved by 
his letters to them, exciting their care of the colony. 
In one, dated April 20, 1660, which is very long and 
patheti. k representing the desperate situation of a I'airs 
on both sides of the New-Netherlands, he writes, " Your 
honours imagine, that the troubles in England will pre- 
vent any attempt on these parts : alas ! they are ten 
to one in number to us, and are able without *any assis- 
tance, to deprive us of the country when they please." 
On the 25th of June, the same year, he informs them, 
'* that the demands, encroachments, and usurpation, of 
the English, gave the people here great concern. The 
right to both rivers, says he, by purchase and possession 
is our OAvn, without dispute. W^e apprehend, that they, 
our more poAverful neighbours, lay their claims under a 
royal patent, which we are unable hitherto to do in 
your name.*" Colonel Utie being unsuccessful the 

* If we should argue, from tliis letter, that the West-India company 
}iad DO grants of the NcAv-Netherlands, from the States General, as 
gome suppose, we discredit De Laet's History, dedicated to the States 
in 1624, as well as all the Dutch writers, and even Stuyvesant himself, 
who, in his letter to Richard Nicolls, at the surrender, asserts that 
they had a grant, and shewed it under seal to the English deputies. 
But the genuine construction of the Dutch governour's letter, is this, 
that in 1660. he had not the patent to the West-India company, to lay 
before the English in America, who disputed the Dutch right to t|iip 
«?9UDtry. 



History of New- YorA'. 29 

last year, in his embassy for the evacuation of the 
Dutch possessions on Delaware, Lord Baltimore, in au- 
tumn, 1 660, applied, by captain Neal, his agent, to the 
West-India company, in Holland, for an order on the 
inhabitants of South River to submit to his authority, 
which they absolutely refused, asserting theu- right to 
that pail of their colony. 

The English, from New-England, w^ere every day en- 
croaching upon the Dutch. The following letter, from 
Stuyvesant to the West-India company, dated July 21^ 
1661, shews the state of the colony at that time, on both 
sides. " We have not yet begun the fort on Long Is- 
land, near Oysterbay, because our neighbours lay the 
boundaries a mile and an half more westerly, than we 
do, and the more as your honours, by your advice of 
December 24, are not inclined to stand by the treaty of 
Hartford, and propose to sue for redress on Long Island 
and the Fresh AVater River, by means of the States' am- 
bassador. Lord Sterling is said to solicit a confirma- 
tion of his right to all Long Island, and importunes the 
present king, to confirm the grant made by his royal 
father, which is affirmed to be already obtained. But 
more probable, and material, is the advice from Mary- 
land, that Lord Baltimore's patent, which contains the 
south part of South River, is confirmed by the king, 
and published in print : that Lord Baltimore's natural 
brother, who is a rigid papist, being made governour 
there, has received Lord Baltimore's claim, and protest 
to your honours in council, (wherewith he seems but lit- 
tle satisfied) and has now more hopes of success. We 
have advice from England, that there is an invasion in- 
tended against these parts^ and the country solicited of 



3U History of New-York. 

the king, the duke, and the parliament, is to be annex- 
ed to their dominions ; and for tliat purpose, they desire 
three or four frigates, persuading the king, that the 
company possessed and held this country under an un- 
lawful title, having only obtained of king James leave 
for a watering place on Staten Island, in 1623." 

In August 1GG3, a ship arrived from Holland at 
South River, with new planters, ammunition, and im- 
plements of husbandry. Lord Baltimore's son landed a 
little after, and was entertained byBeekman at Niewer 
Amstel. This was Charles, the son of Cecilius, who in 
1661, had procured a grant and confirmation of the pa- 
tent, passed in favour of his father in 1632. The pa- 
pistical principles of the Baltimore family, the charge of 
colonizing, the parliamentary war with Charles I. and 
Oliver's usurpation, all conspired to impede the settle- 
ment of Maryland, till the year 1661. And these con- 
siderations account for the extension of the Dutch li- 
mits, on the west side of Delaware bay. 

While the Dutch were contending with their Euro- 
pean neighbours, they had the art always to maintain a 
friendship with the natives, until the war which broke 
out this year with the Indians at Esopus, now Ulster 
county. It continued, however, but a short season. 
The Five Nations never gave them any disturbance, 
wliich was owing to their continual wars with the French 
who settled at Canada in 1603. I have before observ- 
ed, that Oliver Cromwell Avas applied to, for his aid in 
the reduction of this country, and that his son Richard 
took some steps towards accomplishing the scheme ; 
the woik was however reserved for the reign of Charles 
II. an indolent prince, and entiiely given up to pleasure, 
ivho was driven to it, more perhaps, by the differences 



History of Nov- York. 31 

then subsisting between England and Holland, than by 
any motive that might reflect honour upon liis prudence, 
activity, and publick spirit. Before this expedition, the 
king granted a patent ontl:e 12th of March, 1664, to his 
brother, the duke of York and Albany, for sundry 
tracts of land in America, the boundaries of which, be- 
cause they have given rise to important and animated 
debates, it may not be improper to transcribe. 

" All that part of the main land of New-England, be- 
ginning at a certain place, called or know n by the name 
of St. Croix, next adjoining to New-Scotland in Ameri- 
ca, and from thence extending along the sea coast, unto 
a certain place called Pemaquie, or Pemequid, and so 
up the river thereof, to the furthest head of Ihe same, 
as it tendeth northward ; aud extending from thence, 
to the river of Kimbequin, and so upwards, by tiie 
sliortest course, to the river Canada northward : and 
also all that island, or islands, commonly called by the 
several name or names of Meitowacks, or Long Island, 
situate and being towards the west of Cape Cod, and 
the narrow Higansetts, abutting upon tlie main land, 
Ijetween the two rivers, tliere called or known by the 
several names of Connecticut and Hudson's river, to- 
gether also vvitli the said river, called Hudson's river, 
and all the land from the West side of Connecticut 
river, to the east side of Delaware bay, and also, all 
those several islands, called or known bv the names of 
Martin's Vineyard, or Nantuck's, otherwise Nantucket : 
together, &lc. " 

Part of this tract was conveyed by the duke, to Jolm 
lord Berkley, baron of Stratton, and sir George Car- 
teret of Saitrum in Devon, who were then members of 
the king's council. The lease was for ihe considera- 



32 liisiory of New- York. 

iioii of ten shlllinos, and dated the 23d of June, 1664. 
The release, dated the next day, mentions no particu- 
lar sum of money, as a consideration for the grant of 
the lands, which have the following description : 

" All that tract of land, adjacent to New-England, 
and lying and being to the westward of Long Island, 
and bounded on the east part by the main sea, and 
partly by Hudson's river; and hath upon the west, 
Delaware bay, or river, and extendeth southward, to 
the main ocean as far as Cape May, at the mouth of 
Delaware bay : and to the northward, as far as the 
northermost branch of the said bay or river of Delaware, 
which is forty one degrees and forty minutes of lati- 
tude : which said tract of land is hereafter to be called 
by the name, or names gf Nova Caesarea, or New- 
Jersey." 

Thus the New-Netherlands became divided into New- 
Jersey, so called after the isle of Jersey, in compli- 
ment to sir George Carteret, whose family came from 

thence ; and New- York, which took its name in hon- 
our of the duke of York. 

The Dutch inhabitants, by the vigilance of their gov- 
crnour, were not unapprised of the designs of the 
English court against them, for their records testify, 
that on the 8th of July, " The general received intel- 
ligence, from one Thomas AVillet, an Englishman, that 
an expedition was preparing in England, against this 
place, consisting of two frigates of 40 and 50 guns, and 
a fly boat of 40 guns, having on board three hundred 
soldiers, and each frigate one hundred and fifty men, 
and that they lay at Portsmouth, wahing for a wind.'^ 
News arrived also from Boston, that they had already 
set sail. The buigomasters were thereupon called into 



History of New-York, 33 

council. The fortress was ordered to be put into a posture 
of defence, and spies sent to Milford and Westchester 
for intelligence. Boston was in the secret of the ex- 
pedition, for the general court had in May preceding, 
passed a vote for a supply of provisions, towards re- 
freshing the ships on then- arrival. They were four in 
number, and resolved to rendezvous at Gardener's 
Island in the Sound, but parted in a fog about the 20th 
of July. Richard Nicolls and Sir George Carteret, two 
of the commissioners, were on board the Guyny, and 
fell in first with Cape Cod. The winds having blown 
from the southwest, the other ships, with Sir Robert 
Carr, and Mn Maverick, the remaining commissioners, 
were rightly concluded, to be driven to the eastward- 
After dispatching a letter to Mr. Winthrop, the go- 
vernour of Connecticut, requesting his assistance. Colo- 
nel Nicolls, proceeded to Nantasket, and thence to 
Boston. The other ships got into Piscataway. John 
Endicot, a very old man, was then go vernour of Boston, 
and incapable of business. The commissioners, therefore* 
had a conference with the council, and earnestly im- 
plored the assistance of that colony. Colonel NicolLs 
and Sir George Carteret, in their letter from Boston, to 
Sir H. Bennet, secretary of state, complain miich of 
the backwardness of that province. The reasons urg- 
ed in their excuse, were poverty and the season, it be- 
ing the time of harvest ; but perhaps disaffection to the 
Stewart family, whose persecuting fury had driven them 
from their native country, was the true spring of their 
Conduct. The king's success in the reduction of the 
Dutch, evidently opened him a door to come at hi? 
enemies in New-England, who were far from being 



34 History of New- York. 

few * -y and wliether this coiisideralioii inij^bt not have 
given rise to the project itself, I leave to the conjectureB 
of others. 

On tiie 271h of Jnly, Nicolls and Carteret made a 
formal request in writing, " That the government of 
Boston would pass an act to furnish them with armed 
men, who shoidd begin their march to the Manhattans, 
on the 20th of August ensuing, and promised, tliat if 
they could get other assistance, they •Aouid give them 
an account of it." The governour and council answer- 
ed, that they would assemble the general court, and 
communicate the proposal to them. 

From Boston, a second lettt;r was written to gover- 
nour Wipithrop, in Connecticut, dated the 29th of .July, 
in which he was informed that the other ships were then 
arrived, and would sail with the first fail* wind, and he 
was desired to meet them at the we.jt end of Long Island. 

One of the ships entered the bay of the North River, 
several days before the rest ; and as soon as ttiey were 
all come up, Stuyvesant sent a letter dated ^ of Au- 
gust, at Fort Anil, directed to tlie commanders of the 
English frigates, by John Declyer, one of the chief 
council, the Rev. John Megapolensis, minister, Paul 



* T. Dixwel, Esq. one of Charles' I. judges, and excepted out of 
the general pardon, lived many years at New-Haven, incog, in quality 
of a country merchant : Sir Edmond Anrh-oss, in one of his tours 
through the colony of Conrtfcticiit, saw him there at church, and 
strongly suspected him to be one of the regicides. In his last illness, 
he revealed himself to the minister of the tovrn, and ordered a tmall 
stone to be set at the be ad of his grave, which I have often seen there, 
inscribed T. D. Ejq. Whila at JNeM-Havtii, he went UDder the name 
of John Davis. 



History of New- York. 35 

iiunder Vnnder Grilft, Tnajor, and Mr. Samuel IVIega- 
polensis, doctor in physic, with the utmost civility, to 
desire the reason of their approach, and continuing m 
the harbour of Nai)ar]ij, without giving notice to the 
Dutch, which (he writes) they ought to have done. 

Colonel Nlcolls answered the next day with a sum- 
mons. 

" To the honourable the governour, and chief council 
at the Manhattans. 

" Right w^orthy sirs, 

" I received a letter by some worthy persons intinjst- 
ed by you, bearino; date tlie y- of August, desiring 
to know the intent of the approach of the English 
frigates ; in return of which, I think it fit to let yoii 
know, that his majesty of Great Britain, wdiose right and 
title to these parts of America is unquestionable, well 
knowing how much it derogates from his crown and 
dignity, to suffer any foreigners, how near soever they 
be allied, to usurp a dominion, and without his majesty's 
royal consent, to inherit in these, or any other of his 
majesty's territories, hath comiuanded me, in his name, 
to require a surrender of all such forts, towns, or places 
of strength, which are now possessed by the Dutch, un- 
der your commands ; and in his majesty's name, I do 
demand the tov^^n, situate on the island, commonly 
known by the name of i\lanhattoes^ v.ith all the forts 
thereunto belonging, to be rendered vmto his majesty's 
obedience and protection, into my hands. I am fm-tiier 
commanded to assure you, and every respective inha- 
bitant of the Dutch nation, that his majesty being ten- 
der of the effusion of Christian blood, doth by these 
presents, confirm and secure to every man his estate, 
life, and liberty, who shall readily submit to his govern- 



36 History oj Nciv-YorJc, 

ment. And all those who shall oppose his majesty *s 
gracious intention, must expect all the miseries of a 
war, which they bring upon themselves. I shall ex- 
pect your answer by these gentlemen, Colonel George 
Ca leret, one of his majesty's commissioners in Ameri- 
ca ; Captain Kobert Needham, Captain Edward Groves, 
and Mr. Thomas Delavall, whom you will entertain 
Whh such civility as is due to them, and yourselves, 
and yours shall receive the same, from 

" Dated on board his AVortliy SUS, 

mnjesty'a ship, the , -, , 

Gil} ny, riding be- Your very humble servant, 

fore N arch, Ihe-fS t»- 7 t xt* 77 -a 

ofAuo.iG04. Richard rsicoUs. 

' ]Mr. Stuy vesant promised an answer to the summons 
the next mornings and in the mean time convened the 
council and burgomasters. The Dutch goveniour was 
a good soldier, and had lost a leg in the service of the 
States. He would willingly have made a defence ; and 
refused a sight of the summons, both to the inhabitants 
and burgomasters, lest the easy terms offered, might 
induce them to capitulate. The latter, however, insist- 
ed upon a copy, that they might communicate it to the 
late magistrates and principal burghers. They called 
together the inhabitants at the stadt house, and acquaint- 
ed them with the governour's refusal. Governour Win- 
Ihrop, at the same time, wrote to the director and his 
council, strongly recommending a svurender. On the 
22d of August, the burgomasters came again into 
council, and desired to know the contents of the Eng- 
lish message from Governour Wjnthrop, which Stuy ve- 
sant still refused. They continued their importunity ; 
and he, in a fit of" anger, tore it to pieces : upon which, 
they protested agauisi the act aad all its consequences. 



History of New- Yorh 37 

Determined upon a defence of the country, Stuyvesani 
wrote a letter in answer to the summons, which, as it is 
historical of the Dutch claim, will doubtless be accept*- 
able to the reader. The following is an exact tmns- 
cript of the record. 
« My Lords, 
" Your first letter, unsio;ned, of the |f August, to- 
gether with that of this day, signed according to form, 
being the first of September, have been safely delivered 
into our hands by your deputies, unto which we shall 
say, Tliat the rights of his majesty of England, unto 
any part of America hereabout, amongst the rest, unto 
the colonies of Virginia, Maryland, or others in New- 
England, whether disputable or not, is that which for 
the present, we have no design to debate upon. But 
that his majesty hath an indisputable right, to all the 
lands in the north parts of America, is that, which the 
kings of France and Spain will disallow, as we abso- 
lutely do, by virtue of a commission given to me, by my 
lords, the high and mighty States General, to be gover- 
nour general over New-Holland, the Isles of Curacoa, 
Bonaire, Aruba, with their appurtenances and depen^ 
dencies, bearing date the 26th .Tuly, 1646. iVs also by 
virtue of a grant and commission, given by my said 
lords, the high and mighty States General, to the West- 
India company, in the year 1621, with as much power 
and as authentick, as his said majesty of England hath 
given, or can give, to any colony in America, as more 
fully appears by the patent and commission of the said 
lords, the States General, by them signed, registered, 
and sealed with their great seal, which were shewed to 
your deputies. Colonel George Carteret, Captain Ro- 
bert Needham, Captain Edward Groves, and Mr. Tho- 



3i5 lli6tory of JSav-York. 

mas IJelavall ; by ^vhich commission and patent, to- 
gether (to deal frankly with you) and by divers letter?, 
signed and sealed by our said lords, the States General, 
directed to several persons, both En«]jlish and Dutch, in- 
habiting the toAvns and villages on Long Island, (which 
without doubt, have been produced before you, by 
those inhabitants) by winch they are declared and ac- 
);nowledged to be their subjects, with express com- 
mand, that they continue faithful unto them, imder 
penalty of incurring their utmost displeasure, which 
makes it appear more clear than the sun at noon day, 
that your first foundation, viz. (that the right and title 
of his majesty of Great Britain, to these parts of Amer- 
ica is unquestionable) is absolutely to be denied. More- 
over, it is without dispute, and acknowledged by the 
world, that our predecessors, by virtue of the com- 
mission and patent of the said lords, the States General, 
have Avilhout controul and peacealjly (the contrary ne- 
ver coming to our knowledge) enjoyed Fort Orange, 
about 48 or 50 years, tlie Manhattans about 41 or 42 
■years, the South River 40 years, and the Fresh Water 
Kiver about 36 years. Touching the second subject 
of your letter, viz. " his majesty hath commanded me, 
in his name, to require a surrender of all sucli forts, 
towns, or ])laces of strength, which now are possessed 
by the Dutch, under your command ;" we shall answer, 
that we are so confident of the discretion and equity of 
his majesty of Great Britain, that in case his majesty 
were informed of the truth, which is, that the Dutch 
came not into these provinces, by any violence, but by 
virtue of commissions from my lords, the States Gene- 
ral, first of all in the years 1614, 1615 and 1616, up the 
North River, near Fort Orange, where, to hinder the 



Tlislori/ of NciV-York. 39 

iiivaslons and masnacres, comnioniy committed by the 
savages, they built a little fort, and after, in the year 
1622, and even to this present time, by virtue of com- 
mission and grant, to the governours of the West-India 
company ; and moreover, in the year 105(3, a grant to 
the honourable the burgomasters of Amstcidam, of tlic 
South River ; insomuch, that by virtue of the above- 
said commissions from the high and mighty States Gene- 
ral, given to the persons interested as aforesaid, and 
others, these provinces have been governed, and con- 
sequently enjoyed, as also in regard of their first dis- 
coveryj uninterrupted possessions, and purchase of the 
lands of tlie princes, natives of the country, and other 
private persons (though gentiles) we make no doubt, 
that if his said majesty of Great Britain, were wtdl in- 
formed of these passages, he w^ould be too judicious to 
grant such an order, principally in a time when there is 
so straight a friendship, and confederacy, between our 
said lords and superiors, to trouble us in the demanding 
and summons of the places and fortresses, whicii w^ere 
put into our hands, with order to maintain them, in tlic 
name of the said lords, the States General, as was made 
appear to your deputies, under the names and seal of 
the said high and mighty States General, dated the 28tii 
of July, 1646. Besides what had been mentioned, there 
is little probability, that iiis said majesty of England 
(in legard to the articles of peace are printed, and were 
recommended to us to observe seriously and exactly, 
by a letter written to us by our said lords, the States 
General, and to cause them to be observed religiouily 
in this country) would give order toucliing so danger- 
ous a design, being also so apparent, that none other 
^han my said lords, the States General, havo any right 



4Q History of Nov- York. 

to these provinces, and consequently, ought to com- 
mand and maintain their subjects, and in their absence, 
we the governour general are obliged to maintain their 
rights, and to repel and take revenge of all threaten- 
ings, unjust attempts, or any force whatsoever, that 
shall be committed against their faithful subjects and 
inhabitants, it being a very considerable thing, to aiiront 
so mighty a state, although it were not against an ally 
and confederate. Consequently, if his said majesty 
(as it is fit) were well informed, of all that could be 
spoken upon this subject, he would not approve of what 
expressions were mentioned in your letter ; which are, 
that you are commanded by his majesty, to demand in 
his name, such places and fortresses as are in the pos- 
session of the Dutch under my government ; which, as 
it appears by my commission before mentioned, was 
given me by my lords, the high and mighty States Gen- 
eral. And there is less ground in the express demand 
of my government, since all the world knows, that 
about three years ago, some English frigates being ori 
the coast of Africa, upon a pretended commission, they 
did demand certain places under the government of our 
said lords, the States General, as Cape Veil;, River of 
Gambo, and all other places in Guyny, to them belong- 
ing. Upon which, our said lords, the States General, 
by vu-tue of the articles of peace, having made appear 
the said attempt to his majesty of England, they receiv- 
ed a favourable answer, his said majesty disallowing all 
such acts of hostility, as might have been done, and 
besides, gave order, that restitution should be made, to 
the East-India company, of whatsoever had been pillag- 
ed, in the said river of Gambo ; and likewise restored 
ihcm to their trade, which makes us think it necessary^ 



History of New-York. 41 

that a more express order should appear unto us, as a 
sufficient warrant for us, toAvards my lords, the high and 
mighty States General, since by yirtue of our said com- 
mission, we do in these provinces, represent them, as 
belonging to them, and not to the king of Great Britain, 
except his said majesty, upon better grounds, makes it 
appear to our said lords, the States General, against 
which they may defend themselves, as they shall think 
fit. To conclude : We cannot but declare unto you, 
though the governours and commissioners of his majes- 
ty have divers times quarrelled with us, about the 
bounds of the jurisdiction, of the high and mighty the 
States General, in these parts, yet they never question- 
ed their jurisdiction itself; on the contrary, in the year 
1650, at Hartford, and the last year at Boston, they 
treated with us upon this subject, which is a sufficient 
proof, that his majesty hath never been well informed 
of the equity of our cause, insomuch as we cannot ima- 
gine, in regard of the articles of peace, between the 
crown of England and the States General, (under whom 
there are so many subjects in America, as well as Eu- 
rope) that his said majesty of Great Britain would give 
a commission to molest and endamage the subjects of 
my said lords, the States General, especially such, as 
ever since fifty, forty, and the latest thirty-six years, 
have quietly enjoyed their lands, countries, forts, and 
inheritances ; and less, that his subjects would attempt 
any acts of hostility, or violence against them : and in 
ease that you will act by force of arms, we protest and 
declare, in the name of our said lords, the States Gen- 
eral, before GOD and men, that you will act an unjust 
violence, and a breach of the articles of peace, so 
solemnly sworn, agreed upon, and ratified by his majes- 

6 



42 History of Nov- York. 

ty of England, and my lords, the States General, and 
the rather, for that to prevent the sheddhig of blood, 
in the month of February last, we treated with Captain 
John Scott, (who reported he had a commission from 
his said majesty) touching the limits of Long Island, 
and concluded for the space of a year ; that in the mean 
time, the business might be treated on between the king 
of Great Britain, and my lords, the high and mighty 
States General : and again, at present, for the liindrancc 
and prevention of all differences, and the spilling of 
innocent blood, not only in these parts, but also in 
Europe, we offer unto you, a treaty by oiu- deputies 
Mr. Cornelius Van Ruyven, secretary, and receiver of 
New-Holland, Cornelius Steenwyck, biugomaster, Mr. 
Samuel Megapolensis, doctor of physic, and Mr. James 
Cousseau, heretofore sheriff. As touching the threats 
in your conclusion we have nothing to answer, only 
that we fear nothing, but Avhat God (who is as just 
as merciful) shall lay upon us ; all things being in his 
gracious disposal, and Ave may as well be preserved by 
him, with small foices, as by a great army, which makes 
us to wish you all happiness and prosperity, and re- 
commend you to his protection. J\Iy lords, your thrice 
huiuble, and affectionate servant and friend, signed, P. 
Stuyvesant. — At the fort at Amsterdam, the second 
of September, new style, 1664." 

While the Dutch governour and council were contend- 
ing with the burgomasters and people in the city, the 
English commissioners published a proclamation* in 

* It was in these words : " Forasmuch as his inajesly hath sent us 
by commission under the great seal of England, amongst other thing?, 
to expel, or to reduce to his majestr's obedienrr. all ?i\ch foreSgnrrp, 



Hislori/ of New- York. 4 J 

tlie counlr\', encourao ing the inliabiiants to submit, and 
promising them the king's protection and all the privi- 
leges of subjects ; and as soon as they discovered by 
Stuyvesant's leLler, that lie was averse to the surrender, 
officers were sent to beat up for volunteers in Middle- 
borough, Ulissen, Jamaica, and lleinpsted. A warrant 
was also issued to Hugh Hide, who commanded the 
squadron, to prosecute the reduction of the fort ; and 
an English ship then trading here, was pressed into the 
service. Tiiese preparations induced Stuyvesant to 
write another letter, on the 25tli of August, old style, 
wherein, though he declares that he >vould stand the 
storm, yet to }>revent the spilling of blood, he had sent 
John De Decker, counsellor of state, Cornelius Van 
Ruyven, secretary and receiver, Cornelius Steenwyck, 
major, and James Cousseau, sheriflj to consult, if possi- 
ble, an acconynodation. Nicolls, who knew the dispo- 
sition of the people, answered immediately from Graves- 
end, that he would treat about nothing but a surrender. 
The Dutch governour, the next day, agreed to a treaty 

as ivithout iiis iTiajeslj-'s leave and cons^eiit, have seated themselves 
amongst any of his domiaions in Aaieilcn, to the prejudice of his ma- 
jesty's subjects, and diniiiiulioii of iiis royai dignity ; we his said ma- 
jesty's cominissioiiers, do declare and pvonnse, that v/hosoever, of 
Avlint nation soever, ^\\\\, upon tsiou!. dj,e of U. is proclamation, acknow"- 
ledjfe and testify thcir.ttlvch, to subiidt to tills Iiis majesty's government, 
as his good subjects, ^h;di be protected in Iris majesty's laws and jus- 
tice, and peaceably enjoy Mhatsuever God's blessing, and their own 
honest industiy, have furnished them with ; and all other privileges, 
wi(h his majest}'s Englisii subjects. We have caused this to be pub- 
lished, that we might prevent all iiicoaveaiencies to others, if it were 
possible ; liowev er, to clear ourselves from the charge of all those mise- 
ries, that may any way befall such as live here, and Avill [not] acknow- 
ledge his majesty for their sovereign, whom God preserve^" 



44 History of New-York. 

and surrender, on condition the English and Dutch lin*- 
its in America, were settled by the crown and the 
States General. The English deputies were Su' Robert 
Carr, George Carteret, John AVinthrop, governour of 
Connecticut, Samuel Wyllys, one of the assistants or 
council of that colony, and Thomas Clarke, and John 
Pynchon, commissioners from the general court of the 
Massachusetts' bay, who, but a little before, brought an 
aid from that province. What these persons agreed 
upon, Nicolls promised to ratify. At eight o'clock in 
the morning, of the 27th of August, 1664, the commis- 
sioners, on both sides, met at the governour's farm, and 
there signed the following articles of capitulation. 

These articles following were consented to by the 
persons here under subscribed, at the governour's bow- 
ery, August the 27th, old style, 1 664. 

I. " We consent, that the States General, or the 
West-India company, shall freely enjoy all farms and 
houses (except such as are in the foils) and that within 
six months, they shall have free liberty to transport all 
such arms and ammunition, as now does belong to 
them, or else they shall be paid for them. 

II. " All publick houses shall continue for the uses 
which they are for. 

III. " All people shall still continue free denizens, 
and shall enjoy theu' lands, houses, goods, wheresoever 
they are within this country, and dispose of them as 
they please. 

TV. " If any inhabitant have a mind to remove him- 
self, he shall have a year and six weeks from this day, 
to remove himself, wife, children, servants, goods, and 
to dispose of his lands here. 



History of Nrw-Yorfc. 45 

V. " If any officer of state, or piiblick minister of 
state, have a mind to go for Ens:! and, they shall be 
transported fraught free, in his majesty's frigates, A\hen 
these frigates shall retm-n thither. 

VI. " It is consented to, Ihat any people may freely 
Gome from the Netherlands, and plant in this colony, 
and that Dutch vessels may freely come hither, and any 
of the Dutch may freely return home, or send any sort 
of merchandize home, in vessels of their own country. 

VII. " All ships from the Netherlands, or any other 
place, and goods therein, shall be received here, and 
sent hence, after the manner which formerly they were 
before our coming hither, for six months next ensuing. 

YIII. " The Dutch here shall enjoy the liberty of 
their consciences in divine worship and church disci- 
pline. 

IX. " No Dutchman here, or Dutch ship here, shall 
upon any occasion, be pressed to serve in war against 
any nation whatsoever. 

X. " That the townsmen of the Manhattans, shall not 
have any soldiers quartered upon them, without be- 
ing satisfied and paid for them by their officers, and 
that at this present, if the fort be not capable of lodg- 
ing all the soldiers, then the burgomasters, by their offir 
cers, shall appoint some houses capable to receive them. 

XI. " The Dutch here shall enjoy their own customs 
concerning their inheritances, 

XII. " All publick w ritings and records, which con- 
cern the inheritances of any people, or the reglement of 
the church or poor, or orphans, shall be carefully kept 
by those in whose hands now they are, and such writ- 
ings as particularly concern tlie States General, may at 
^ny time be sent to then?. 



46 Hisiori/ of New-YorJi. 

XIII. " No judgment that has passed any judicature 
here, shall be called in question, but if any conceive 
that he hath not had justice done him, if he apply hun- 
self to the States General, the other party shall be bound 
to answer for the supposed injury. 

XIY. " If any Dutch, living here, shall at any time 
desire to travel or traffick into England, or any place, 
or plantation, ia obedience to his majesty of England, 
or with the Indians, he shall have (upon his request to 
the governour) a certificate that he is a free denizen of 
this place, and liberty to do so. 

XV. " If it do appear, that there is a publick en- 
gagement of debt, by the town of Manhattoes, and a 
way agreed upon for the satisfying that engagement, it 
is agreed, that the same way proposed shall go on, and 
that the engagement shall be satisfied. 

XVI. " All inferior civil officers and magistrates, 
shall continue as now they are, (if they please) till the 
customary time of new elections, and then new ones to 
be chosen by themselves, provided that such new cho- 
sen magistrates shall take the oath of allegiance to 
his majesty of England, before they enter upon their 
office. 

XVII. " All differences of contracts and bargains 
made before this day, by any in this country, shall be 
determined, according to the manner of the Dutch. 

XVIII. " If it do appear, that the West-India com- 
pany of Amsterdam, do really owe any sums of money 
to any persons here, it is agreed that recognition, and 
other duties payable by ships going for the Netherlands, 
be continued for six months longer. 



llistorif of New- York. 47 

XIX. " Tlie ollicers military, and soldiers, shall 
inarch out with their arms, drums beating, and colours 
flying, and lighted matches; and if any of them will 
plant, they shall have fifty acres of land set out for 
them ; if any of tliem will serve as servants, they shall 
continue with all safety, and become free denizens 
afterwards. 

XX. " If at any time hereafter, the king of Great 
Britain, and the States of the Netherlands do agree that 
this place and country be redelivered into the hands of 
the said States, whensoever his majesty will send his 
commands to redeliver it, it shall immediately be done. 

XXI. " That the town of Manhattans shall choose 
deputies, and tliose deputies shall have free voices in 
all publick affairs, as much as any other deputies. 

XXII. " Those who have any property in any houses 
in the fort of Auiania, shall (if they please) slight the 
foi-tiiicalions there, and then enjoy all their houses, as 
all people do where there is no fort. 

XXIII. " If there be any soldiejs that will go into 
Holland, and if the company of West-India in Amster- 
dam, or any private persons here, will transport them 
into Holland, then they shall have a safe pass[)ort from 
Colonel Richard Xicolls, deputy govcrnour under his 
royal highness, and the other commissioners, to defend 
the ships that shall transport such soldiers, and all the 
goods in them, from any surprizal or acts of hostility, 
to ha done by any of his majesty's ships or subjects. 
That the copies of the king's grant to his royal high- 
ness, and the copy of his royal highness' commission 
to Colonel Fvichard Nicolls, testified by two commis- 
sioners more, and Mr. Winthrop,to be true copies, shall 
be delivered to the honourable IMr. Stuyvesant, the 



48 History of New- York. 

present goverriour, on Monday next by eight of the clock 
in the morning, at the Old Miln, and tliese articles con- 
sented to, and signed by Colonel Richard JNicolls, de^ 
puty governour to his royal highness, and that within two 
hours after the foil and town called New-Amsterdam, 
upon the isle of Manhattoes, shall be delivered into the 
hands of the said Colonel Richard iS'icoUs by the service 
of such as shall be by iiim thereunto deputed, by his 
hand and seal. 

" John De Decker, Nich. Verleett, Sam. Megapolen- 
sis, Cornelius Steenwyck, Oloife Stevens Van Kortlant, 
James Cousseau, Robert Carr, Geo. Carteret, John 
Whithrop, Sam. Willys, Thomas Clarke, John Pyn- 
chon. 

" I do consent to these articles, 

Richard Nicolls." 

These articles, favourable as they were to the inha- 
bitants, were however very disagreeable to the Dutch 
governour; and he therefore refused to ratify them, till 
two days after they were signed by the commissioners. 

The town of New- Amsterdam, upon the reduction of 
the island Maniiattans, took the name of New-York.* 
It consisted of several small streets, laid out in the year 
1656, and was not inconsiderable for the number of its 
houses and inhabitants. The easy terms of the capitu- 
lation, promised their peaceable subjection to the new 
government ; and hence we find, that in two days after 
the surrender, the Boston aid was dismissed, with the 
thanks of the commissioners to the general court. Hud- 
son's and the South River were, hoAvever, still to be 
reduced. Sii* Robert Carr commanded the expedition 

* Vid? conclusion ©f this vo'iumei 



History of Neiv-York. 49 

on Delaware, and Caileret was commissioned to sub- 
due the Dutch at Fort Orange. The garrison capitu- 
lated on the 24th of September, and he called it Alba- 
ny, in honour of the duke. While Carteret Avas here, 
he had an interview Avith the Indians of the Five Na- 
tions, and entered into a league of friendship with 
them, which remarkably continues to this day."^ Sir 
Robert Carr was equally successful on South River, 
for he compelled both the Dutch and Swedes to capi- 
tulate and deliver up their garrisons the first of Octo- 
ber, 1664 ; and that was the day in which the whole 
New- Netherlands became subject to the English crown. 
Very few of the inhabitants thought proper to re- 
move out of the country. Governour Stuyvesant 
himself, held his estate, and died here. His remains 
were interred in a chapel, which he had erected on 
his own farm, at a small distance from the city, now 
possessed by his grandson, Gerardus Stuyvesant, a 
man of probity, who has been elected into the ma- 
gistracy, above thirty years successively. Justice 
obliges me to declare, that for loyalty to the pre- 
sent reigning family, and a pure attachment to the 
protestant religion, the descendants of- the Dutch 
planters are perhaps exceeded by none of his ma- 
jesty's subjects, 

* The Dutch were sensible of the importance of preserving an uniii= 
terrupted amity Avith those Indians, for they were both very numerous 
and warlike. The French pursued quite difl'erent measures, and the 
irruptions of those tribes, according to their own authors, have oftea 
reduced Canada to the brink of ruin. 



% 



HISTORY OF NEW-YOMK- 



PART II. 

From the Surrender in 1664, to the Settlement at the 
Revolution. 



Richard NICOLLS being now possessed of the 
country, took the government upon hhn, under the 
style of " deputy governour under his royal highness 
the duke of York, of all his territories in America." 
During his short continuance here, he passed a vast 
number of grants and confirmations of the ancient 
Dutch' patents, the profits of which must have been ve- 
ry considerable. Among these, no one has occasioned 
more animated contention, than that called the Eliza- 
bethtown grant, in New-.Tersey ; which, as it relates to 
another colony, I should not have mentioned, but for 
the opportunity to caution the reader against a repre- 
sentation of that controversy contained in Douglass* 
summary. I have sufficient reasons to justify my charg- 
ing that account with partiality and mistakes ; and for 
proofs, refer to the printed answer in chancery, publish" 
ed in the year 1751, 

Besides the chief command of this province, Nicolls 
had a joint power * with Sir Robert Carr, Carteret, and 

* The commission from king Charles II. was dated the 26th of 
Aprjlj 1664, After a recital of disputes concerning limits ia New- 



52 History of New- York. 

Blaverick, to settle the contested boundaries of cerlaiii 
great patents. Hence we find, that three of them had a 
conference with several gentlemen from Connecticut, 
respecting the limits of this and that colony. The re- 
sult was an adjudication, in these words : 

" By virtue of his majesty's commission, we have 
heard the dilFerence, about the bounds of the patents 
granted to his royal highness the duke of York, and his 
majesty's colony of Connecticut, and having deliberate- 
ly considered all the reasons alledged by Mr. Allen, 
sen. IVlr. Gold, Mr. Richards, and Captain Winthrop, ap- 
pointed by the assembly held at Hartford, the thirteenth 
of October, 1664, to accompany John Winthrop, Esq ;. 
the governour of his majesty's colony of Connecticut to 
New-York, and to agree upon tlie bounds of the said 
colony, why the said Long Island should be under the 
government of Connecticut, whicli are too long here to 
be recited, we do declare and order, that the southern 
bounds of his majesty's colony of Connecticut, is the 
sea, and that Long Island is to be under the govern- 
ment of his royal highness the duke of York, as is ex- 
pressed by plain words, in the said patents, respectively, 
and also by virtue of his majesty's commission, and the 
consent of both the governours and the gentlemen above- 
named. We also order and declare, that the creek, or 
river called Mamaroneck, which is reputed to be about 
thiiteen miles to the east of Westchester, and a line 

!E^glaod, and that addresses had been sent home from the Indian na-« 
tives, complaining of abuses received from the English subjects ; the 
commissioners, or any three or two of them, of which JN^icolls was t,s 
be one, were authorised to visit the NeAV-England colonies, and deier- 
mine all complaints military, civil and criminal, according to their dis- 
cretion, and such instructions as they mi^ht receive frora the c/owii^, 



History of New-York, o3i 

drawn from the east point or side, where the fresh wa- 
ter foils into the salt, at high water mark, north north- 
west to the line of the Massachusetts, be the western 
bounds of the said colony of Connecticut, and all plan- 
tations lying westward of that creek and line so drawn, 
to be under his royal highness' government ; and all 
plantations lying eastward of that creek and line, to be 
under the government of Connecticut. Given under 
our hands, at James' fort in New-York, on the island 
of Manhattan, this first, day of December, 1664. 

Richard Nicolls, 
George Carteret, 
S. Maverick." 
" We the governour and commissioners of the gen- 
eral assembly of Connecticut, do give our consent to 
the limits and boimds abovenlentioned, as witness our 
handsj 

, Gold, 

John Winthrop, jun. 

Joim Winthrop, sen. 

Allen, sen. 

Richards." 
At the time of tins determination, about two thirds 
of Long Island were possessed by people from New- 
England, who had gradually encroached upon the 
Dutch. As to the settlement between New^-York and 
Connecticut, on the main, it has always been considered 
by the former, as founded upon ignorance and fraud.* 
The station at IMamaroneck was about thirty miles 
from New- York, from Albany one hundred and fifty. 



* The town of Rye was settled under Conuectlcut, and the grant 
jrom that colony is bounded by this Hue of divisioiK 



54 History of New- York, 

The general course of the river is about north 12 or 15" 
east : and hence it is evident, that a north north-west 
line will soon intersect the river, and consequently 
leave the Dutch country, but a little before surrender- 
ed to Colonel Caileret, out of the province of New- 
York. It has been generally esteemed that the Con- 
necticut commissioners in this affair, took advantage of 
the duke's agents, who were ignorant of the geography 
of the country. 

About the close of the year, the estate of the West- 
India company was seized and confiscated, hostilities 
being actually commenced in Europe as well as Ame- 
rica, though no declarations of war had yet been pub- 
lished by either of the contending parties. A great 
dispute between the inhabitants of Jamaica on Long 
Island, which was adjusted by Colonel NicoUs, on the 
second of January, 1665, gave rise to a salutary insti- 
tution, which has in part obtained ever since. The 
controversy respected Indian deeds, and thenceforth it 
was ordained, that no purchase from the Indians, with- 
out the governour's licence, executed in his presence, 
should be valid. The strength and number of the na- 
tives rendered it necessary to purchase tlieir rights ; 
and to prevent their frequent selling the same tract, it 
was expedient that the bargain should be attended with 
some considerable solemnity. 

Another instance of Colonel Nicolls' prudence, was 
his gradual introduction of the English methods of go- 
vernment. It was not till the 12th of June, this year, 
that he incorporated the inhabitants of New-York, un- 
der the care of a mayor, five aldermen, and a sheriff. 
Till this time, the city was ruled by a scout, burgo- 
masters, and schepens. 



History of New-York. 55 

In March preceding, there was a great conTention, 
before the governoin- at Hempsted, of two deputies 
from every town on Long Island, empowered to bind 
their constituents. The design of their meeting was to 
adjust the limits of their townships for the preservation 
of the publick peace. 

The war being proclaimed at London, on the fourth 
of tliis month, Nicolls received the account of it in 
June, with a letter from the lord chancellor, informing 
him, tliat De Ruyter, the Dutcli admiral, had orders to 
visit New- York. His lordship was misinformed, or the 
admii-al was diverted from the enterprize, for the Eng- 
lish peaceably held the possession of the country dur- 
ing the whole war, which was concluded on the 21st of 
July, 1667, by the treaty of Breda. Some are of opin- 
ion, that the exchange made with the Dutch for Surri- 
nam, which they had taken from lis, was advantageous 
to the nation ; but these judges do not consider that it 
would have been uiipossible for the Dutch to have pre- 
served this colony against the increasing strength of the 
people in New-England, Maryland, and Virginia. 

After an administration of three years, Nicolls re- 
turned to England. The time during his siiort resi- 
dence here, was almost wholly taken up in confirming 
the ancient Dutch grants. He erected no couils of 
justice, but took upon himself the sole decision of all 
controversies whatsoever. Complaints came before him 
by petition ; upon which he gave a day to the parties, 
and after a summary hearing, pronounced judgment. 
His determinations were called edicts, and executed by 
the sheriffs he had appointed. It is much to his honour, 
that notwithstanding all this plenitude of power, he gov- 
erned the province with integrity and moderation. A 



56 History of New-York. 

representation from the inhabitants of Long Island, to 
the genera] court of Connecticut, made about the time 
of the revohition, commends him as a man of an easj 
and benevolent disposition ; and this testimonial is the 
more to be relied upon, because the design of the wri- 
ters, was by a detail of their grievances, to induce the 
colony of Connecticut to take them under its immedi- 
ate protection. 

Francis Lovelace, a colonel, was appointed by the 
duke, to succeed NicoUs in the government of the pro- 
vince, which he began to exercise in May, 1667. As he 
was a man of great moderation, the people lived very 
paceably under hijn, till tlie re-surrender of the colony, 
which put an end to his power, and is the only event, 
that signalized his administration. 

The ambitious designs of Louis XIV. against the 
Dutch, gave rise to our war Avith the States General in 
1672. Charles IL a prince sunk in pleasures, profligate, 
and poor, w as easily detached from his alliance with the- 
Dutch, by the intrigues and pecuniary promises of the 
French king. The following passage from a fine wri- 
ter*, shcAvs that his pretences for entering into the war, 
were perfectly groundless and trifling. 

" The king of England, on his side, reproached them 
with disrespect, in not directing their fleet to lower the 
flag before an English ship ; and they were also accu- 
sed in regard to a certain picture, wherein Cornelius De 
Witt, brother to the pensionary, was painted with the 
attributes of a conqueror. Ships were represented in 
the back ground of the piece, either taken or burnt. 
Cornelius De Witt, who had really had a great share in 

^ Voltaire's age of Lewis XIV, 



History of New-York. bi 

the maritime exploits against England, had permitted 
tliis trifling memorial of his glory : but the picture, 
which was in a manner unknown, was deposited in a 
chamber wherein scarce any body ever entered. The 
English ministers, who presented the complaints of their 
king against Holland, in writing, therein mentioned cer- 
tain abusive pictures. The states, who always translat- 
ed tlie memoiials of ambassadours into French, having 
rendered abusive, by the words fautifs trompeurs, they 
replied, that they did not know what these roguish pic- 
tures, (ces tableaux trompeurs) were. In reality, it 
never in the least entered into their thoughts, that it 
concerned this portrait of one of their citizens, nor did 
they ever conceive this could be a pretence for declar- 
ing war." 

A few Dutch ships arrived the year after on the 30th 
of July, under Staten Island, at the distance of a few 
miles from the city of New- York. John Manning, a 
captain of an independent company, had at that time 
the command of the fort, and by a messenger sent down 
to the squadron, treacherously made his peace with 
the enemy. On that very day the Dutch ships came 
tip, moored under the fort, landed their men, and en- 
tered the garrison, without giving or receiving a shot. 
A council of v/ar was afterwards held at the stadt house, 
at Avhich were present 

Cornelius Evertse, iun. ) ri ? 

T - ^ ^ '^ > Commodores, 

Jacob Benkes, ) 

Anthony Colve, ^ 

Nicliolas Bowes, > Captains^ 

Abm. Ferd. Van Zyll, ) 

All the magistrates and constables from East Jersey, 
Long Island, Esopus, and Albany, were immediately 

8 



58 Hislory of New-Yorli. 

summoned to New-York ; and the major part of them 
swore allegiance to the States General, and the prince 
of Orange. Colonel Lovelace was ordered to depart 
the province, but afterwards obtained leave to itturn 
to England with Commodore Benkes. It has often 
been insisted on, that this conquest did not extend to 
the whole province of New- Jersey ; but upon Avhat 
foundation 1 cannot discover. From the Dutch records 
it appears, that deputies were sent by the people inha- 
l)iting the country, even so far westward as Dela^^are 
River, who in the name of their principals, made a de- 
claration of their submission ; in retm-n for which, cer- 
tain privileges were granted to them, and three judica- 
tories erected at Niewer Amstel, Upland, and Hoer 
Kill. Colve's commission to be governour of this coun- 
try is worth printing, because it shews the extent of the 
Dutch claims. The translation runs thus : 

" The honourable and awful council of war, for their 
high mightinesses the States General of the United 
Netherlands, and his serene highness the prince of 
Orange, over a squadron of ships, now at anchor in 
Hudson's River, in NeAv-Netherlands. To all those 
who shall see or hear tliese, greeting. As it is necessa- 
ry to appoint a fit and able person, to carry the chief 
command over this conquest of New-Netherlands, with 
all its appendencies and dependencies, from Cape Hin- 
lopen on the south side of the South or Delaware bay, 
and fifteen miles more southerly, with the said bay and 
South River included ; so as they were formerly pos- 
sessed by the directors of the city of Amsterdam, and 
after by the English government, in the name and 
right of the duke of York ; and further from the said 
cape Hinlopen, along the Great Ocean, to the east end 



History of Nov- York. 59 

of Long Island, and Shelter Island ; from thence west- 
ward to the middle of the Sound, to a town called 
Greenwich, on the main, and to ru!i landward in, north- 
erly ; provided that such line shall not come within ten 
miles of INorth River, conformable to a provincial trea- 
try made in 1650, and ratified by the States General, 
February 23, 1656, and January 23, 1664 ; with all 
lands, islands, rivers, lakes, kills, creeks, fresh and salt 
w^aters, fortresses, cities, towns, and plantations therein 
comprehended. So it is, that we being sufficiently as- 
sured of the capacity of Anthony Colve, captain of a 
company of foot, in the service of their high mightiness- 
es, the States General of the United Netherlands, and 
his serene highness the prince of Orange, &c. By vir- 
tue of our commission, granted us by their before men- 
tioned high mightinesses and his highness, have appoint- 
ed and qualified, as we do by these presents appoint 
and qualify, the said Captain Anthony Colve, to govern 
and rule these lands, with the appendencies and depen- 
dencies thereof, as governour general ; to protect them 
from all invasions of enemies, as he shall judge most ne- 
cessary ; hereby charging all higli and low officers, jus- 
tices, and magistrates, and otliers in authority, soldiers, 
burghers, and all the inhabitants of this land, to acknow- 
ledge, honour, respect and obey, the said Anthony Colve, 
as governour general ; for such Ave judge necessary, for 
the service of the country, waiting the approbation of 
our principals. Thus done at fort William Hendrick, 
the 12th day of August, 1673. 

" Signed by Jacob Benkes, 

Cornelius Evertse, jun." 
The Dutch governour enjoyed his office but a very 
short season, for on the 9tli of February, 1674, the trea- 



60 History of New-York. 

ty of peace between England and the States Genera 
was sisrned at Westminster ; the sixth article of which, 
restored this country to the English. The terms of it 
were generally, " That whatsoever countries, islands, 
towns, ports, castles, or forts, have or shall be taken on 
both sides, since the time that the late unhappy war 
broke out, either in Europe or elseAvhere, shall be res- 
tored to the former lord and proprietor, in the same con- 
dition they shall be in, when the peace itself shall be 
proclaimed ; after which time, there shall be no spoil 
nor plunder of the inhabitants, no demolition of fortifi- 
cations, nor carrying away of guns, powder or other 
military stores, Avhich belonged to any castle or fort, at 
the time when it was taken." 

The lenity which began the administration of Colonel 
Nicolls was continued under Lovelace. He appears to 
have been a man, rather of a phlegmatic than an enter- 
prising disposition, always piu'suing the common road, 
and scarcely ever acting without the aid of his council. 
Instead of taking upon himself the sole determination 
of judicial controversies, after the example of his prede- 
cessor, he called to his assistance a few justices of the 
peace. This, which was called the court of assizes,* 
was the principal law judicatory in those times. The 
legislative power under the duke, was vested entirely in 

* This was a court both of law and equity, for the trial of causes of 
201. and upwards, and ordinarily sat but once a year. Subordinate to 
this, were the town courts and sessions; the former took coguizance of 
actions under 51. and the latter, of suits between that sum aud 201. se- 
ven constables and overseers were judges in the first, and in the last 
the justices of the peace, with a jury of seven men. The verdict of 
the majority was sufficient. 



History of Nav-York. 61 

the governour and council. A third estate might then 
be easily dispensed with, for the charge of the province 
Avas * small, and in a great measure defrayed by his 
royal highness, the proprietor of the country. 

Upon conclusion of the peace in 1674, the duke of 
York, to remove all controversy respecting his proper- 
ty, obtained a new patent f from the king, dated the 29th 
of June, for the lands granted in 1G64, and two days 
after commissioned major, afterwards Su- Edmond An- 
dross, to be governour of 1 lis territories in America. Af- 
ter the resignation of this province, which was made to 
Inm by the Dutch possessors, on the 31st of October 
following, he called a court martial, to try Manning for 
his treacherous and cowardly surrender. The articles 
of accusation exhibited against him, were in substance. 



* The manner of raising publick raonej', was established by Colonel 
Nicolls, on the first of June, 1605, and Avas thus : Tlie high sherifTis- 
sued a warrant annually, to the liigli constables of every district, and 
they sent theirs to the petty constables ; who, with the overseers of 
each town, made a list of all male persons above sixteen years of 
age, with an estimate of their rent and personal estates, and then 
taxed them according to certain rat^s, prescribed by a law. Af- 
ter the assessment was returned to the high sherifl", and approved by the 
governour, the constables received warrants fur levying the taxes by 
distress and sale. 

f Some are of opinion that the second patent was unnecessary, the 
duke being revested per post liminium. This matter has been ofteu 
disputed in the ejectments between the New- Jersey proprietors and 
the Elizabethtown patentees. In New- York the right of postliminy was 
disregarded, and perhaps unknown ; for there are many instances, es- 
pecially on Long Island, of new grants from Sir Edmond Andross, for 
lands patented under NicoHs and Lovelace, by Avhich the quitreuts have 
been artfully enlarged. 



62 History of New-York. 

I. That the said Manning, on the 28th of July, 1673, 
having notice of the approach of the enemy's fleet, did 
not endeavour to put the garrison in a posture of de- 
fence ; but on the contrary, slighted such as ofiered their 
assistance. 

II. That while the fleet was at anchor under Staten 
Island, on the 30th of July, he treacherously sent on 
board to treat with the enemy, to the great discourage- 
ment of the garrison. 

III. That he suflered the fleet to moor under the 
fort, forbidding a gun to be fired on pain of death. 

IV. That he permitted the enemy to land, without 
the least opposition. 

V. That shortly after he had sent persons to treat 
with the Dutch commodores, he struck his flag, even 
before the enemy were in sight of the garrison, the fort 
being in a condition, and the men desirous, to fight. 

VI. And lastly, that he treacherously caused the fort 
gates to be opened, and cowardly and basely let in the 
enemy, yielding the garrison without articles. 

This scandalous charge, which Manning on his trial 
confessed to be true, is less surprising, than the lenity 
of the sentence pronounced against him. It was this, 
that though he deserved death, yet because he had 
since the surrender been in England, and seen the king 
and the duke, it was adjudged that his sword should be 
broke over his head in publick, before the city hall, 
and Inmself rendered incapable of wearing a sword, and 
of serving his majesty for the future, in any publick 
trust in the government. 

This light censure, is however no proof that Sir Ed- 
mond was a man of a merciful disposition ; the histo- 
rians of New-England, where he was afterwards gover- 



History of New- York. 63 

nour, justly transmit him to posterity, under the odious 
character of a s}X'ophantic'k tool to the duke, and an 
arbitrary tyrant over the people committed to his care. 
He knew no law, but the will of his master, and Kii'k 
and Jefferies were not fitter instruments than he to ex- 
ecute the despotick projects of James II. 

In the year 1675, JNicholas Renslaer, a Dutch cler- 
i(yman, arrived here. He claimed the manor of Rens- 
laerwyck, and was recommended by the duke to Sir 
Edmond Andross for a living^ in one of the chiu'ches at 
Nev»-York or Albany, probably to serve the popish 
cause."^ Niewenhyt, minister of the church at Albany, 
disputed his rii;ht to administer the sacraments, because 
he had. received an Episcopal ordination, and was not 
approved by the ciassis of Amsterdam, to which the 
Dutch churches here hold themselves subordinate. In 
this controversy the governoiu' took the part of Rens- 
laer, and accordingly summoned Niewenhyt before 
him, to answer for his conduct. This minister was 
treated witii such singular contempt, and so frequently 
harrassed, by fruitless and expensive attendances before 
the council, that ti)e dispute became interesting, and 
the greater part of the people resented the usage he 

* Another reason is assigned for tlie favour he met with from the 
croAvn. It is said that while Cliarles IT. was an exile, he predicted 
the day of his restoration. The people of Albany had a high opinion of 
his prophetick spirit, and many stranji^e tales about liim still prevail 
there. The parson made nothing of his claim, the manor being after- 
wards granted, by Colonel Dongan to Killian Van Renslaer, a dis- 
tant relation. This extensive tract, by the Dutch called a colony, is 
an oblong extending Iwenty-four miles upon Hudson's river, and as ma- 
ny upon each side. The patent of confirmation was issued by special 
direction from the kin=. and is the most liberal in the privileges it grants 
of any one in the province. 



64 History of New- York. 

met with. Hence Ave find, that tlic magistrates of Al- 
bany, soon after imprisoned Rensiaer, for several* f/wii- 
om words, (as they are called in the record) delivered 
in a sermon. The governoiir, on the otlu.r hand, or- 
dered him to be released, and summoned the magis- 
trates to attend him at New- York. Warrants were 
then issued to compel them to give sccurhy in 5000/. 
each, to make out good cause for confining the minis- 
ter. Leisler, who was one of them, refused to comply 
with the warrant, and was thrown into jail. Sir Ed- 
mond, fearful that a great party would rise up against 
bim, was at last compelled to discontinue his ecclesias- 
tical jurisdiction, and to refer the controversy to the 
determination of the consistory of the Dutch church at 
Albany. It is perhaps not improbable, that these po- 
pish measures sowed the seeds of that aversion to the 
duke's government, which afterwards produced those, 
violent convulsions in the province under Leisler, at 
the time of the revolution in favour of the prince of 
Orange. 

If Sir Edmond Andross' administration at New- York 
appears to be Jess excc})tionable than while he com- 
manded at Boston, it was througli Avant of more oppor- 
tunities to shew liimself in his true light. The main 
course of his publick proceedings, dming his continu- 
ance in tlie province, was spent in the ordinary acts of 
the government, which then principally consisted in 
passing grants to the subject, and presiding in the court, 
of assize, established by Colonel Lovelace. The pub- 
lick exigencies were now in part supplied by a kind of 
benevolence ; the badge of bad times ! This appears 
in an entry on the records, of a letter of May the 5th, 
1676, from Governour Andross^ to several towns on 



History of New- York. ^5 

Lono- tslaiid, desiring to know what sums they would 
Contribute towards the war. Near the close of his ad- 
ministration he thought proper to quarrel with Pliilip 
Carteret, who in 1680, exercised the government of 
East Jersey, under a commission from Sir George Car- 
teret, dated the 31st of July, 1675. Andross disputed 
his right, and seized and brought him prisoner to New- 
York ; for which it is said he lost his own government ; 
but whoever considers that Sir Edmond was immedi-^ 
ately preferred to be governoiu' of Boston, will rather 
believe that the duke superseded him for some other 
reasons. 

Before I proceed to the succeeding administration, 
in which our Indian alilxirs began to have a powerful 
influence upon the pu])lick measures, it may not be 
improper to present the reader with a summary view of 
the history and character of the Five Nations.* These, 
of all those innumeral)le tribes of savages, which inha- 
bit the nortiiern part of America, are of most impor- 
tance to us and the French, both on account of their 
vicinity and warlike disposition. Before the late incor- 
poration of the Tuscaroras, a people driven by the in- 
habitants of Carolina from the frontiers of Virginia, they 
consisted of five confederate cantons.f What in par- 
ticular gave rise to this league, and when it took place^ 
are questions which neither the natives, nor Europeans, 

* By the Dutch called Maquaas, by the French Iroquois, and by us. 
Five Nations, Six Nations, and lately the Confederates. They are great- 
ly diminished, and consist now only of about twelve hundred fighting- 
men. 

t The Tuscaroras were received upon a supposition that they were 
originally of the same stock witli the Five Nations, because there is 
j'ome similitude between their languages. 

9 



66 History of New-York. 

pretend to answer. Each of these nations is divided 
into three families, or clans, of different ranks, bearing 
for their arms, and beini^ distinguished by the names of 
the tortoise, the bear, and the wolf.* 

No people in the world perhaps have liigher notions 
than these Indians of military glory. All the surround- 
ing nations have felt the effects of their prowess ; and 
many not only became their tributaries, but were so 
su1)jugated to their power, that without their consent, 
they durst not commence either peace or war. 

Though a regular police for the preservation of har- 
mony within, and the defence of the state against inva- 
sions from without, is not to be expected from the peo- 
ple of whom I am now writing, yet, perhaps, they hav^e 
paid more attention to it than is generally allowed. 
Their government is suited to their condition, A peo- 
ple whose riches consist not so much in abundance, as in 
a freedom from want ; f who are circumscribed by no 
boimdaries, who live by hunting, and not by agriculture, 
must always be free, and therefore subject to no other 
authority, than such as consists with the liberty necessa- 
rily arising from their circumstances. All their aflaii's, 
whether respecting peace or war, are under the direc- 
tion of their sachems, or chief men. Great exploits and 
publick vu'tue procure the esteem of a people, and qual- 
ify a man to advise in council, and execute the plans con- 
certed for the advantage of his country : thus whoever 



* Their instruments of conveyances are signed by signatures, ivliich 
they make with a pen, representing these animals. 

f \n Indian, in answer to his question, What the white people meant 
by covetousness ? was told by another, that it signified, A desire of 
more than a raau had need of. That's strange ! said the querist. 



History of New- York. 07 

■appears to the Indians in this advantageous light, com- 
mences a sachem vvithoiit any other ceremony. 

As there is no other way of arriving at this dignity, so 
it ceases, unless an uniform zeal and activity for the 
common good, is uninterruptedly continued. Some 
have thought it hereditary, but that is a mistake. The 
eon, is indeed, respected for his father's services, but 
without personal merit, he can never share in the gov- 
ernment ; which, were it otherwise, must sink into per- 
fect disgrace. The children of such as are distinguish- 
ed for their patriotism, moved by the consideration of 
their birth, and the perpetual incitements to virtue con- 
stantly inculcated into them, imitate their fathers' ex- 
ploits, and thus attain to the same honours and influence ; 
which accounts for the opinion that the title and pow- 
er of sacheiii are hereditary. 

Each of these republicks has its own particular chiefs, 
who hear and determine all complaints in council, and 
though they have no officers for the execution of justice, 
yet their decrees are always oteyed, from the general 
reproach that would folioAv a contempt of their advice. 
The condition of this people exempts them from fac- 
tions, the common disease of popular governments. It 
is impossible to gain a party amongst them by indii'ect 
means ; for no man has either honour, riches, or power 
to bestow.* 



* The learned and judicious author cf the Spirit of Laws, speaking of 
a people who have a fixed property in lauds, observes, " That if a 
chief would deprive them of their liberty, they would immediately go 
and seek it under another, or retire into the woods, and live there witli 
their families." The Five Nations can never be enslaved, till they 
grow rich by agriculture and commerce. Property is the most perma- 



C8 History of New- York, 

All affairs which concern the general interest are de- 
termined in a great assembly of the chiefs of each can- 
ton, usually held at Onondaga, the centre of their coun- 
try. Upon emergencies they act separately, but no- 
thing can bind the league but the voice of the general 
convention. 

The French, upon the maxim, divide et impcra^ 
have tried all possible means to divide these republicks, 
and sometimes have even sown great jealousies among 
them. In consequence of this plan, they have seduced 
many families to withdraw to Canada, and there settled 
them in regular towns, under the command of a fort, 
and the tuition of missionaries, 

The manners of these savages are as simple as their 
government. Theu' houses are a few crotched stakes 
thrust into the ground, and overlaid with bark. A fire 
is kindled in the middle, and an apertiu-e left at the 
top for the conveyance of the smoke. Whenever a 
considerable number of those huts are collected, they 
have a castle, as it is called, consisting of a square with- 
out bastions, surrounded witli palisadoes. They have 
no other fortification ; and this is only designed as an 
asylum for their old men, theu- wives and children, 
w^hile the rest are gone out to war. They live almost 
entirely without care. While the women, or squaws, 
cultivate a little spot of ground for corn, the men em- 
ploy themselves in hunting. As to clothes, they use 
a blanket girt at the waist, and thrown loosely over 
their shoulders ; some of their women, indeed, have. 



nent basis of power. Tlie authority of a sachem depending only upon 
his reputation for wisdom and courage, must be weak and precarious, 
and therefore safe to the people. 



Hislori/ of Nciv-York. CO. 

besides this, a sort of ii petticoat, and a few of their 
men wear shirts ; l)iit the greater part of them are gen- 
erally half naked. In winter tlieir legs are covered 
with stockings of blanket, and their feet with socks of 
deer skin. Many of them are fond of ornaments, and 
their taste is very singular. I have seen rings affixed, 
not only to their ears, but to their noses. Bracelets of 
silver and brass roimd their wrists, are very common. 
The women plait their hair, and tie it up behind in a 
bag, perhaps in imitation of the French beaux in Cana- 
da. Tliough the Indians are capable of sustaining great 
hardships, yet they cannot endure much labour, being 
rather lieet, than strong. Their men are taller than the 
Europeans, rarely corpulent, always beardless,* straight 
limbed, of a tawny complexion, and black uncurled 
hair. In their food they have no manner of delicacy, for 
tho' venison is their ordinary diet, yet sometimes they 
eat dogs, bears, and even snakes. Their cookery is of two 
kinds, boiled or roasted ; to perform the latter, the meat 
is penetrated by a short sharp stick set in the ground, 
inclining towards the fire, and turned as occasion re- 
quires. They are hospitable to strangers, though few 
Eiu-opeans would relish their higiiest favours of this 
kind, for they are very nasty both in their garments 
and food. Every man has his own wife, whom he takes 
and leaves at pleasure : a plurality, however, at the same 
time, is by no means admitted amoiig them. They 
have been generally commended for their chastity, but 
I am informed by good authority, that they are very 

* Because they pluck out flie hairs. The French Avriters, who say 
they have naturally no beards, are mistaken ; and the reasons they as- 
sign for it are ridiculous. 



70 History of New-York. 

lascivious, and that the women, to avoid reproach, fre- 
quently destroy the foetus in the womb. They are so 
perfectly free, that unless then- children, who general- 
ly assist the mother, may be called servants, they have 
none. The men frequently associate themselves for 
conversation, by wliich means they not only preserve 
the remembrance of their wars, and treaties, but diffuse 
among their youth incitements to military glory, as 
well as instruction in all the subtilties of war. 

Since they became acquainted with the Europeans, 
theii' warlike apparatus is a musket, hatchet,* and a 
long knife. Then' boys still accustom themselves to 
bows and arrows, and are so dexterous in the use of them, 
that a lad of sixteen, will strike an English shilling live 
times in ten at twelve or fourteen yards distance. 
Their men are excellent marksmen, both with the gun 
and hatchet ; their dexterity at the latter is very extra- 
ordinary, for they rarely miss the object, though at a 
considerable distance. The hatchet in the flight per- 
petually turns round, and yet always strikes the mark 
with the edge. 

Before they go out, they have a feast upon dogs' 
flesh, and a great war dance. At these, the warriours, who 
are frightfully painted with vermilion, rise up and sing 
their own exploits, or those of their ancestors, and there- 
by kindle a military enthusiasm in the whole company. 
The day after the dance, they march out a few miles in 
a roAV, observing a profound silence. The procession 
being ended, they strip the bark from a large oak, and 



* Hence, to take up the hatchet, is, with them, a phrase signifying to 
declare war ; as, oa the contrary, to bury it, denotes the establishtnent 
of peace* 



Ilisiori/ of Neiv-Yoi-7c, 71 

paint the design of their expedition on the naked trunk. 
The figure of a canoe, with the number of men in it, de- 
termines the strength of their party ; and by a deer, a 
fox, or some other emblem painted at the head of it, we 
discover against wdiat nation they are gone out. 

The Five Nations being devoted to war, every art is 
coritrived to diffuse a military spirit through tlie whole 
body of tlieir people. The ceremonies attending the 
return of a party, seem calculated in particular for 
that purpose. The day before they enter the village, 
two heralds advance, and at a small distance set up a 
veil, which by its modulation intimates either sfood or 
bad news. If the former, the village is alarmed, and an 
entertainment provided for the conquerours, who in the 
mean time approacli in sight : one of them bears the 
scalps stretched over a bow, and elevated upon a long 
pole. The boldest man in the town comes out, and re- 
ceives it, and instantly flies to the hut where the rest 
are collected. If he is overtaken, he is beaten unmer- 
cifully ; but if he outruns the pursuer, he participates 
in the honour of the victors, wlio at their first entrance 
receive no com{)liments, nor speak a single word till the 
end of the feast. Their parents, wives, and children 
then are admitted, and treat them with the profoundest 
respect. After these salutations, one of the conquer- 
ours is appointed to relate the whole adventiu'e, to 
which the rest attentively listen, without asking a ques- 
tion, and the whole concludes with a savao^e dance. 

The Indians never fight in the field, or upon equal 
terms, but always sculk and attack, by sui-prise, in small 
parties, meeting every night at a place of rendezvous. 
Scarcely any enemy can escape them, for by the dispo- 
sition of the grass and leaves, they follow his tract with 



72 History of New- York. 

great speed any where but over a rock. Their barbar- 
ity is shocking" to liunian nature. Women and children 
they generally kill and scalp, because they Avould re- 
tard their progress ; but the men they carry into cap- 
tivity. If any Avoman has lost a relation, and inclines 
to receive the prisoner in his stead, he not only escapes 
a series of the most inhuman tortures, and. death itself, 
but enjoys every immunity they can bestow, and is es- 
teemed a member of the family into which he is adopt- 
ed. To part witli him would be the most ignominious 
conduct and oonsidered as selling the blood of the de- 
ceased ; and for this reason it is not without the great- 
est difficulty that a captive is redeemed. 

When the Indians incline to peace, a messenger is 
sent to the enemy with a pipe, the bowl of which is 
made of soft, red marble ; and a long reed, beautifully 
painted, and adorned with the gay plumage of birds* 
forms the stem. This is his infallible protection from 
any assault on the way. The envoy makes his propo- 
sals to tiie enemy, who, if they approve them, ratify 
the preliminaries to the peace, by smoking through the 
pipe, and from that instant a general cessation of arms 
takes place. The French call it a calumet. It is used, 
as far as I can learn, by all the Indian nations upon the 
continent. The rights of it are esteemed sacred, and 
have been only invaded by the Flat Heads ; in just in- 
dignation for which, the confederates maintained a war 
with them for near thirty years. 

As to the language of the Five Nations, the best ac- 
count I have had of it, is contained in a letter from 
the Reverend Mr. Spencer, who resided amongst them 
in the year 174B, being then a missionary from the 
Scotch society for propagating Christian knowledge. 
He writes thus : 



'History of New-'YorJci i^ 

^* Sir, 

^' Though I was very desii'ous of learning the Indian 
ionguc) yet through my short residence at Onough- 
quage, and the surly disposition of my interpreter, I 
confess my proficiency was not great. 

" Except the Tuscaroras, ail the Six Nations speak 
a language radically the same. It is very masculine 
and sonorous, abounding with gutturals and strong as- 
pirations, but without labials. Its solemn grave tone 
is owing to the generosity of its feet, as you will ob- 
serve in the following translation of the Lord's prayer, 
in which I have distinguished the time of every sylla-- 
ble by the common marks used in prosody.* 

Soungwauneha, cauroiinkyiiwga, tehseetaroan, sauhsoneyoiistaj 
©sa, sawaneyou, okettauhsela, ehneaiiwoung, na, cauroiinkyawgaj 
nughwonshauga, neattevvchnesaiiluga, taugvvaun3.ut5ionoantoug- 
sick, toantaugweleewheyoustaung, cheneeyeut, ch3.quataut8hwhg- 
yoiislaunna, toughsau, taugwaussareneh, tawautoUenaugaloughlo- 
tingga, nasavvnS, sacheautaugwilss, coantehsalohaunzaickaw, esa, 
sawaunneyou, eba, sashautzta, esa, soungwasoiing, chenneaiihaung- 
%va, auwen. 

" The extraordinary length of Indian words, and 
the guttural aspirations necessary in pronouncing them, 
render the speech extremely rough and difficult. The 
verbs never change in their terminations, as in Latin, 
Greek and Hebrew, but all their variations are prefix- 

^* if we had a good dictionary, marking the quantity as well as em»- 
phasis of every syllable in the English language, it would conduce to 
an accuracy and uniformity of pronunciation. The dignity of style, 
so far as the ear is concerned, consists principally in generous feet ; and 
perhaps it may be a just remark that no sentence, unless in a dialogue, 
ends well without a full sound. Gordon and Fordyce rarely swerve 
from this rale, and Mr. Mason, an ingenious author, has lately Written, 
vith great applaiyse, on this attribute of style, 

,10 



74 History of Nov- York. 

ed. Besides the singular and plural, they have also 
the dual number. A strange transi)osition of syllables 
of diflerent words, eiiphonia gratia, is very common in 
Hie Indian tongue, of which I will give an instance 
— dgilla signifies fire, and cawamina, great, but instead 
of joining the adjective and substantive to say great 
fire, cawaunn'a ogilla, both words would be blended in- 
to this one, co-gVlawaunna. The dialect of the Oney- 
das, is softer liran lliat of the other nations ; and the 
reason is, because they have more vowels, and often 
supply the place of harsh letters with liquids. Instead 
of R, they always use L : Rebecca, would be pronounc- 
ed Lequecca. 

The art of publick speaking is in high esteem among 
the Indians, and much studied. They are extremely 
fond of method, and displeased with an irregular har- 
angue, because it is difficult to be remembered. When 
they answer, they repeat the whole, reducing it into 
strict order. Their speeches are short, and the sense 
conveyed in strong metaphors. In conversation they 
are sprightly, but solemn and serious in their messages 
relating to publick affairs. Their speakers deliver 
themselves with surprising force and great propriety of 
gesture. The fierceness of their countenances, the 
flowing blanket, elevated tone, naked arm, and erect 
stature, with a half circle of auditors seated on the 
ground, and in the open air, cannot but impress upon 
the mind, a lively idea of the ancient oratours of 
Greece and Rome. 

At the close of every huportant part of the speech, 
ratifying an old covenant, or creating a new one, a 
belt is generally given, to perpetuate the remembrance 



Hislori/ of New-York. 75 

of the transaction. These belts are about four inches 
wide, and thirty in length. The v consist of strings of 
conque shell beads fastened together.* 

With respect to religion, the Indians may be said to 
be under the thickest gloom of ignorance. If they have 
any, which is much to be questioned, those who affirm 
it, will find it difficult to tell us wherein it consists. 
They have neither priest nor temple, sacritice nor altar. 
Some traces, indeed, appear of the original law written 
upon their hearts ; but they have no system of doc- 
trines, nor any rites and modes of publick worship. 
They are simk, unspeakably, beneath the polite pagans 
of antiquity. Some confused notions, indeed, of beings 
superiour to themselves, they have, but of the Deity 
and his natural and moral perfections, no proper or 
tolerable conceptions ; and of his general and particu- 
lar Providence they know nothing. They profess no 
obligations to him, nor acknowledge their dependence 
upon him. Some of them, it is said, are of opinion, 
that there are two distinct, powerful beings, one able 
to help, the other to do them harm. The latter they 
venerate most, and some alledge, that they address him 
by a kind of prayer. Though th re are no publick 
monuments of idolatry to be seen in their coimtry, yet 
the missionaries have discovered coarse imagery in 
wooden trinkets, in the hands of tleir jugglers, which 
the converts deliver up as detestable. The sight of 



* Those beads, "which pass for money, are called by the Indians, 
watnpum, and by the Dutch, sewant : six beads were formerly valued 
at a stiver. There are always several poor families at Albany, who 
support tlieraselves by coining this cash for the traders. 



17^ History of Netv-Yorh 

them would remind a man of letters of the lares and 
penates of the ancients, but no certain judgment can be 
drawn of their use. The Indians sometimes assemble 
in large numbers, and retire ftu- into the wilderness, 
where they eat and drink in a profuse manner. These 
conventions are called kcnfkoys. Some esteem them 
to be debauched revels or Bacchanalia j but those, wlio 
have privately followed them into these recesses, give 
such accounts of their conduct, as naturally lead one to 
imagine, that they pay a joint homage and supplication 
to some invisible being. If we suppose they liave a re- 
ligion, it is worse than none, and raises in the generous 
mind, most melancholy ideas of their depraved condi- 
tion. Little has been done to illuminate these dark 
corners of the earth with the light of the Gospel. The 
French priests boast indeed of their converts, but they 
have made more proselytes to politicks than religion. 
Queen Anne sent a missionary among them, and gave 
him an appointment out of the privy pmse. He was a 
man of a 2:ood life, but slow parts, and his success very 
inconsiderable. The reverend Mr. Barclay afterwards 
resided among the Mohawks, but no suitable provision 
being made for an interpreter, he was obliged to break 
up the mission. If the English society for propagating 
the Gospel, that truly venerable body, instead of main- 
taining missionaries in rich Christian congregations 
along the continent, expended half the amount of their 
annual contributions on evangelists among the heathen, 
besides the unspeakable religious benefits that would, 
it is to be hoped, accrue to the natives, such a proceed- 
ing would conduce greatly to the safety of our colo- 
nies, and his majesty's service. Much has been writtQB 



History of Ncw-Yorh 77 

upon this subject in America ;* and why nothing to 
purpose has yet been attempted in England, towards so 
lau'lable a design, can only be attributed to the amaz- 
ing fiilsehoods and misrepresentations, by which some 
of the missionaries have long imposed upon benevolent 
minds in Great Britain.f 

As to the history of the Five nations, before their ac- 
quaintance with the Europeans, it is wrapt up in the 
darkness of anticpiity. It is said that their first residence 
was in the country about Montreal ; and that the supe- 
riour strength of the Adirondacks, whom the French 
call Algonquins, drove them into their present posses- 
sions, lying on the south side of the Moliawks riv^r, and 

■* See Mr. Hobarfs letters to the Episcopalians in KeAv-England. 
The accounts of the Scotch mission at Stockhridgc. Douglass' Sum- 
mary, &c. 

f This is notorious to all who ^ive themselves the trouble of perusing 
the abstracts of their accounts published in England. It ^roultl be a 
Tery agreeable office to rr^e, on this occasion, to dislinguish the inno- 
cent from the guilty, but that such a task would infallibly raise up a 
host of enemies. Many of the missionaries are men of learning and 
examplary morals. These in America are known and honoured, and 
cannot be prejudiced by an indiscriminate censure. Their joining in a 
representation for distinguishing the delinquents, who are a disgrace to 
the cloth, will serve as a full vindication of themselves to tlie society. 
Mr, Ogilvie is, I believe, the only person now employed by that char- 
itable corporation among the Indians, and the greatest part even of his 
charge is in the city of Albany. All the Scotch missionaries are among 
the heathen, and their success has been sufficient to encourage any fu- 
ture attempts. There is a regular society of Indian converts in Ncw- 
Jersej' ; and it is worthy of remark, that not one of them has aposta- 
tized into heathenism. Some of them have made such proficiencies in 
practical religion, as ought to shame many of us, Avho boast the illumi- 
nating aids of our native Christianity. JYot one of these Indians has 
t)cen concrrnrd in (ho?e barbarons irrnptioDs, which have lately delug- 



78 History of New-York. 

the great lake Ontario.* Towards the close of those 
disputes, wiiich continued for a great series of years, 
the confederates gained advantages over the Adiron- 
dacks, and struck a general terrour into all the other 
Indians. The Hurons on the north side of the lake 
Erie, and the Cat Indians on the south side, were totally 
conquered and dispersed. The French, who settled 
Canada in 1603, took umbrage at their success, and be- 
gan a war with them, which had well nigh ruined the new 
colony. In autumn 1665, Mr. Courcelles, the governour, 
sent out a party against the IMohawks. Through igno- 
rance of the country, and the war.t of snowshoes, they 
were almost perisiied, when they fell in Avith Schenec- 

ed the frontiers of the south westeru provinces, with the b^ood of seve- 
ral hundred innocents of every age and sex. At tlie commenceuieut 
of these ravages, they flew into the settlements, and put themselves un- 
der the protection of the government. These Indians no sooner be- 
came Christians, than they openly professed their loyalty to king 
George; and therefore to contribute to their conversion, was as truly 
politick, as nobly Christian. Those colonies which have done most 
for this charitable design, have escaped best from the late distressing 
calaipities. Of all the missionaries, Mr. David Braiuerd, who recover- 
ed these Indians from the darkness of paganism, was most successful. 
He died the 9th of October, 1747, a victim to his extreme mortifica- 
tion and inextinguishable zeal, for the prosperity of his mission. Those 
who are curious to enquire particularly into the effects of his indefatig- 
able industry, may have recourse to his journal, published at Philadel- 
phia, by the American correspondents of the Scotch society, in whose 
service he was employed. Dr. Douglass, ever ready to honour his 
native country, after remarking that this self-denying clergyman rode 
about 400 miles, in the year 1 744, with an air of approbation, asks, 
*' Is there any missionary, from any of the societies, for propagating 
the Gospel in foreign parts, that has reported the like." 

* Charlevoix, in partiality to the French, limits the country of the 
Five Nations, on the north, to the 44lh degree of latitude j acceding 



History of New-York. 79 

lady. And even there the Indians would have sacrific- 
ed them to their barbarous rage, had not Corlear, a 
Dutchman, interposed to protect them. For this sea- 
sonable hospitality, the French governour invited him 
to Canada, but he was unfortunately drowned in his 
passage through the lake Champlain. It is in honour of 
this man, who was a favourite of the Indians, that the 
governours of New-York, in all their treaties, are ad- 
dressed by the name of Corlear. Twenty light compa- 
nies of foot, and the whole militia of Canada, marched 
the next spring into the country of the Mohawks ; but 
their success was vastly unequal to the charge and la- 
bour of such a tedious march of 700 miles, through an 
imcultivated desart ; for the Indians, on their approach, 
retired into the woods, leaving behind them some old. 
sachems, who preferred death to life, to glut the fury 
of their enemies. The emptiness of this parade on the 
one hand, and the Indian fearfulness of fire arms on the 
other, brought about a peace in 1667, which continued 
for several years after. In this interval, both the Eng- 
lish and French cultivated a trade with the natives 
very profitable to both nations. The latter, however, 
were most politick and vigorous, and filled the Indian 

to wliich, all the country on the north side of lake Ontario, and the 
river issuing thence to Montreal, together with a consideruble tract 
of land on the south side of that river, belongs to the French. Ken- 
nepin, a recollect friar, has more regard to truth than the Jesuit ; for 
he tells us in effect, that the Iroqiiois possessed the lands on the north, 
as well as on the south side of the lake, and mentions several of their 
villages in 1679, viz. Tejajahon, Kente, and Ganneousse. The map 
in his book agrees with the text. Charlevoix is at variance with his 
geographer ; for Prir. Bellio, besides laying down these towns in the 
map, contained in the tifth volume, writes on the north side of the 
protraction of lake Ontario, les Iroquois du nord. 



-^ His tori/ of New- York. 

country with tlielr niissioiiaries. Tlie sieiir Perot, the 
very year in which the peace was conchided, travelled 
above 1200 miles westward, making proselytes of ihe 
Indians every where to the French interest. Courcelles 
appears to have been a man of art and industry. He 
took every measure in his power for the defence of 
Canada. To prevent the irruptions of the Five Nations, 
by tlie way of lake Champlain, he built several forts in 
1665, between that and the mouth of the riv^er Sorel. 
In 1672, just before his return to France, under pre- 
tence of treating with the Indians more commodiously, 
but in reality, as Charlevoix expresses it, " to bridle 
them," he obtained their leave to erect a fort at Cadar- 
acqui, or lake Ontario, Avhich count Frontenac, his suc- 
cessor, completed the following spring, and called af- 
ter his own name*. The command of it was afterwards 
given to Mr. De la Salle, who, in 1678, rebuilt it with 
stone. This enterprising person, the same year, launch- 
ed a bark often tons hito the lake Ontario, and anoth- 
er of sixty tons, the year after, into lake Erie : about 
which time he inclosed with palisadoes, a little spot at 
Niagara. 

Though the duke of York had preferred colonel 
Thomas Dongan to the government of this province on 
the 30th of Septciubcr, 1682, he did not arrive here till 
the 27th of August, in the following year. He was a 
man of integrity, moderation, and genteel manners, and 
though a professed papist, may be classed among the 
best of our governours. 

* In May, 1721, it was a square, with four bastions, built of stone, 
being a quarter of a French league in circumference ; before it, are' 
many small islauds^ and a gootl harbour, aud behind it a morass. Char- 
Icvoix. 



tlistory of New- Yor^. S 1 

The people, who had been formerly ruled at the will 
of the duke's deputies, began their first participation in 
the legislative power under colonel Dongan, for short- 
ly after his arrival, he issued orders to the sheriffs, to 
summon the freeliolders for choosing representatives, 
to meet him in assembly ontlie 17th of October, 1683. 
Nothing could be more agreeable to the people, who, 
whether Dutch or English, were born the subjects of a 
free state ; nor, indeed, was the change of le.^s advan- 
tage to the duke, than to the inhabitants. For such a 
general disgust had prevailed, and in particular in Long 
Island, against the old form which colonel JNicolls had 
introduced, as threatened the total subversion of the 
publick tranquility. Colonel Dongan saw the disaffection 
of the people at the east end of the Island, for he land- 
ed tliere on his first arrival in the country ; and to ex- 
tinguish the fire of discontent, then impatient to burst 
out, gave them liis promise, that no laws or rates for 
the future should be imposed, but by a general assem- 
bly. Doubtless, this alteration was agreeable to the 
duke's orders, who had been strongly importuned for 
it,* as well as acceptable to the people, for they sent 
him soon after an address, expressing the highest sense 
of gratitude, for so beneficial a change in the govern- 
ment. It would have been impossible for him much 
longer to have maintained the old model over free sub- 
jects, who had just before formed themselves into a co»= 

* The petition to liis royal liighness was drawn by (he coui cil, the 
aldermen of New-York, and the justices of the peace at (he court of 
assize, the 29th of June, 1681. I have seen a copy in (he hands of 
Lewis Morris, Esq, It contains many severe reflections tipon the tf.- 
Tanny of Sir Edraoad Andross. 

11 



62 History of Nen-York, 

lony for the enjoyment of their liberties, and had eren 
already solicited the protection of the colony of Con' 
necticut, from whence the greatest part of them came. 
Disputes relating to the limits of certain townships at 
the east end of Long Island, sowed the seeds of enmity 
against Dongan, so dee])ly in the hearts of many who 
were concerned in them, tliat their reprcsentition to 
Connecticut, at the revolution, contains the bitterest in- 
vectives against him. 

Dongan surpassed all his predecessors in a due at- 
tention to otu- affairs with the Indians, by a^ hom he was 
highly esteemed. It must l3e remembered to liis honour 
that though he was ordered by the tUjke, to encomage 
the French priests, who were come to reside among the 
natives, under pretence of advancing the popish cause, 
but in reality to gain thein over to the French interest ; 
yet he forbid the Five Nations to entertain tliem. The 
Jesuits, however, had no small success. Their prose^ 
lytes are called praying Indians, or Caghnuagaes, and 
reside now in Canada, at the fall of St. Lewis, opposite 
to Montreal. This village was begun in 1G71, and con- 
sists of such of the Five Nations as have formerly been 
drawn away by the intrigues of the French priests, in 
the times of Lovelace and Andross, who seem to have 
paid no attention to our Indian afihirs.* It Avas ow- 
ing to the instigation also of these priest-, that the 
Five Nations about this time, committed hostilities on 
the back parts of Maryland and Tirginia, which occa- 

* Oflate some others of the confederates have been allured to settle 
at Osvvegatchi, called by the French, la Gallettf, near fifty miles be- 
low Frontenac. General Shirley's emissaries from Oswego, in 1 755, 
prevailed witli several of these families to return to their old habitatious. 



Hislory of Ncw-YorJc, 83 

•tinned a grand convention at Albany, in the year 168L 
Lord Floward of Effingham, the governour of Virginia, 
was pi-esent, and made a covenant with them for pre- 
venting furtlier depredativons, towards the acomplish- 
mrnt of v. hich, colonel Dongan was very instrumental.* 
Doctor Golden has published tliis treaty at large, but as 
it his no immediate connection with the affairs of this 
province, I beg leave to refer the reader for a full ac- 
count of it to his history of the Five Nations- 
While lord Howard was at Albany, a messenger from 
Dc la Barre, then governour of Canada, arrived there, 
complaining of the Seneca Indians, for interrupting 
the French in their trade with the more distant Indians, 
CO nmonly included among us by the general name of 
the Far Nations.f Colonel J3ongan, to whom the mes- 
sage was sent, communicated it to the Senecas, who 
admitted the charge, but justified their conduct, alledg- 
irjg, that the French supplied arms and ammunition to 
the Twightwies,t with whom they were then at war. 
De la Barre, at the same time, meditating nothing less 
than the total destruction of the Five Nations, proceed- 
ed v.ith an army of 1700 men to the lake Ontario, 
]\lighty preparations were made to obtain the desired 
success : fresh troops v,ere impoi-ted from France, and a 
letter procured from the duke of York to colonel Don- 
gan, commanding him to lay no obstacles in the way. 
The officers posted hi the out forts, even as far as Mes- 

* This covenant was radfiecl in 16r.5, and at several times since. 

t By the Far Nations, are meant all those numerous tribes inhabiting 
the countries on both sides of the lakes Huron and Erie, westward, a§ 
far as the Missisippi, and the southern country along the banks of th« 
Ohio, and its branches. 

1 By the French called Miamies, 



^4 History of Netv-YorJc. 

silimakinac, were ordered to rendezvous at Niagara, with 
all the western Indians they could engage. Dongan, 
regardless of the duke's orders, apprised the Indians of 
the French designs, and promised to assist them. Af- 
ter six weeks delay at fort Frontenac, dming which 
time a great sickness, occasioned by bad provisions, 
broke out in the French anny, De la Baire found it ne- 
cessary to conchide the campaign with a treaty, for 
which purpose he crossed the lake, and came to the 
place which, from the distress of his army, was called 
la Famine. Dongan sent an interpreter among the In- 
dians, by all means to prevent them from attending the 
treaty. The Mohawks and Senecas accordingly re- 
fused to meet De la Barre, but the Oneydoes, Ononda- 
gas, and Cayugas, influenced by the missionaries, were 
unwilling to hear the interpreter, except before the 
priests, one La Main, and three other Frenchmen, and 
afterwards waited upon the French governour. Two 
days after their arrival in the camp, monsieur De la 
Barre, addressing himself to Garrangula, an Onondaga 
chief, made the following speech, the Indians, and 
French officers at the sanre time forviing a circle round 
about him. 

" The king, my master, being informed that the Five 
Nations have often infringed the peace, has ordered me 
to come hither with a guard, and to send Ohguesse to the 
Onondagas, to bring the chief sachems to my camp. The 
intention of the great king is, that you and I may smoke 
the calumet of peace together ; but on this condition, 
that you promise me, in the name of the Senecas, Cay- 
ugas, Onondagas, and Mohawks, to give entire satisfac- 
tion and reparation to his subjects, and for the future 
never to molest tliera. 



History of New-Yorh 85 

" The Senecas, Cayiigas, Onondagas, Oneydoes, and 
Mobav/ks, have robbed and abused all the traders that 
were passing to the Illinois and Miannes, and other In- 
dian nations, the children of my king. They have 
acted, on these occasions, contrary to tlie treaty of 
peace with my predecessor. I am ordered, therefore, 
to demand satisfiKtion, and to tell them, that in case of 
refusal, or their plundering us any more, I have ex- 
press orders to declare war. Tliis belt confirms my 
words. The ^varriours of the Five Nations have con- 
ducted the English into the lakes, which belong to the 
king, my master, and brougiit the English among the 
nations that are his children, to destroy the trade of his 
subjects, and to withdraw these nations from him. They 
have carried the English thither, notwithstanding the 
prohibition of the late governour of New-York, who 
foresaw the risque tliat both they and you would run. 
I am walling to forget those things, but if ever the like 
shall happen for the future, I have express orders to de- 
clare war against you. Tliis belt confirms my words. 

" Your warriours have made several barbarous in- 
cursions on the Illinois and Miamies ; they have 
massacred men, women, and children, and have made 
many of these nations prisoners, who thought them- 
jielves safe in their villages in time of peace : 
these people, who are my king's children, must 
not be your slaves ; you must give them their liberty, 
and send them back into their own country. If the 
Five Nations shall refuse to do this, I have express or- 
ders to declare war against them. This belt confirms 
my words. 

" This is wdiat I have to say to Garrangula, that he 
may carry to the jSenecas, Onondagas, Oneydoes, Cay- 



86 History of Ntw-YorTc. 

ugas, and IVIohawks, Ihe declaration which the king, my 
master, has commanded me to make. He doth not 
wish them to force liim to send a great army to Cadar- 
ackui fort, to begin a war, which must be fatal to them. 
He would be sorry that this fort, that was the work of 
peace, should become the prison of your warriours. 
We must endeavour, on, both sides, to prevent such 
misfortunes. The French, who are the brethren and 
friends of the Five Nations, will never trouble their re- 
pose, provided that the satisfaction, which I demand, be 
given ; and that the treaties of peace be hereafter ob- 
served. I shall be extremely grieved, if my words do 
not produce the effect which I expect from them ; for 
then I shall be obliged to join with the governour of 
New- York, who is coinmanded by his master, to assist 
me, and burn the castles of the Five Nations and de- 
stroy you. This belt confirms my words." 

Garrangula heard these threats with contempt, be- 
c<iuse he had learnt the distressed state of the French 
army, and knew that they were incapable of executing 
tlie designs with which they set out ; and, therefore, af- 
ter walking five or six times round the circle, he an- 
swered the French governour, who sat in an elbow 
chair, in the following strain : 

" YoN.\ONDIO, 

" T honour you, and the warriours that are with me 
likewise honour you. Your interpreter has finished 
your speech ; I now begin mine. My words make 
haste to reach your ears ; hearken to them. 

" Yonnondio, you must have believed, when you 
left Quebec, that the sun had burnt up all the forests, 
which render our country inaccessible to the French, or 
that the lakes had so fai- overflown the banks, that they 



Bistory of Kew-Yorh 87 

had surrounded our castles, and that it was impossible 
for us to get out of them. Yes, Yonnondio, surely you 
must have dreamt so, and the curiosity of seeing so 
great a wonder, has brought you so far. Now you are 
imdeceived, since tiiat I and the warriours here pre- 
sent, are come to assure you, that the Senecas, Cayu- 
gas, Onondagas, Oneydoes, and Mohawks, are yet alive, 
I thank you, in their name, for bringing back into their 
country the calumet, wl-ich your predecessor received 
from their hands. It was happy for you, that you left 
under ground that murdering hatchet that has been so 
often dyed in the blood of the French. Hear, Yonnon- 
dio, I do not sleep, I have my eyes open, and the sun, 
which enlightens me, discovers to me a great captain 
at the head of a company of soldiers, who speaks as if 
he were dreaming. He says, that he only came to the 
lake to smoke on the great calumet with the Ononda*- 
gas. But Garrangida says, that he sees the contrary, 
that it was to knock them on the head, if sickness had 
not weakened the arms of the French. 

" I see Yonnondio raving in a camp of sick men, 
whose lives the Great Spirit has saved, by inflicting this 
sickness on them. Hear, Yonnondio, our women had 
taken their clubs, our children and old men had carried 
their bows and arrows into the heart of your camp, if 
our warriours had not disarmed them, and kept them 
back, when your messenger, Ohguesse, came to our 
castles. It is done, and I have said it. Hear, Yonnon- 
dio, we plundered none of the French, but those that 
cariied guns, powder, and ball to the Twightwies and 
Chictaghicks, because those arms might have cost us 
cm- lives. Herein we follow the example of the Jesu- 
its, wiio stave all the kegs of rum brou«;ht to our cas- 



^ Hislory of New-York. 

ties, lest the drunken Indians should knock them on 
tlie head. Our warriours have not hever enough to 
pay for all these arms that they have taken, and om- 
old men are not afraid of the war. This belt preservea 
my words. 

" We carried the English into our lakes, to trade 
there with the Utawawas and Q.ualoghies, as tlie Adi- 
rondacks brought the French to our castles, to cany on 
a trade, whicli ihe English say is theirs. We are boin 
free ; we neither depend on Yonnondio nor Corlear. 

*' We may go where we please, and carry with us 
whom we please, and buy and sell what we please : if 
your allies be your slaves, use them as such, command 
them to receive no other but your people. Tliis belt 
preserves my words. 

" W^e knocked the Twiglitwies and Chictaghicks on 
the head, because they had cut down the trees of peace, 
which were the limits of our country. They have 
hunted bevers on oiu' lands : they have acted contra- 
ry to the customs of all Indians ; for they left none of 
the bevers alive, they killed both male and female. 
They brought the Satanas * into the country, to take 
part with them, after they had concerted ill designs 
against us. W^e have done less than either the English 
or French, that have usurped the lands pf so many In- 
dian nations, and chased them from their own country* 
This belt preserves my words. 

" Hear, Yonnondio, what I say, is the voice of all 
the Five Nations ; hear what they answer ; open your 
ears to what they speak. The Senecas, Cavugas, On- 
ondagas, Oneydoes, and iMohawks say, that when tiiey 

* By the French called Sauounons, 



History of New-York, 89 

buried the hatchet at Cadarackui (in the presence of 
your predecessor) in the middle of the fort; they plant- 
ed the tree of peace in the same place, to be there 
carefully preserved, that, in place of a retreat for sol- 
diers, tliat fort might be a rendezvous for merchants : 
that in place of arms and ammunition of war, beavers 
and merchandise should only enter there. 

" Hear, Yonnondio, take care for the future, that so 
great a number of soldiers as appear there do not choke 
the tree of peace planted in so small a fort. It will be 
a great loss, if, after it had so easily taken root, you 
should stop its growth, and prevent its covering your 
country and ours with its branches. I assure you, in 
the name of the Five Nations, that our warriours shall 
dance to the calumet of peace under its leaves, and 
shall remain quiet on their mats, and shall never dig up 
the hatchet, till their brother Yonnondio or Corlear 
shall either jointly or separately endeavour to attack 
the country, which the Great Spirit has given to our 
ancestors. This belt preserves my words, and this 
other, the authority which the Five Nations have given 
me." 

Then Garrangula, addressing himself to monsieur 
La jVlain, said " Take courage, Ohguesse, you have 
spirit, speak, explain my words, forget nothing, tell all 
that your biethren and friends say to Yonnondio, your 
governour, by the mouth of Garrangula, who loves yoUj 
and desires you to accept of this present of beaver, and 
take part with me in my feast, to which I invite you. 
This present of beaver is sent to Yonnondio, on the 
part of ttie Five Nations." 

Enraged at this bold reply, De la Barre as soon as 
the peace was concluded, retired to Montreal, and in- 

12 



90 History of New- York. 

gloriously finished an expensive campaii^n, as Doctor 
Coiden observes, in a scold with an old Indian. 

De la Barre was succeeded by llie marquis De Non- 
ville, colonel of the dragoons, who arrived with a rein- 
forcement of troops, in 168.'}. Tije marquis was a man 
of courage and an enterprising spirit, and not a lillle 
animated by the consideration, tliat he was sent over to 
repair Ihe disgrace which his predecessor had brouglit 
upon the French colony. The year after his arrival at 
Quebec, he wrote a letter to the minister in France, 
recommending the scheme of erecting a stone fort, suf- 
ficient to contain four or five hundred men, at Ni- 
agara, not only to exclude the English from the lakes, 
but to command the fur trade and su])due the Five 
JSations. Dongan, who was jealous of his designs, 
to<»k umbrage at the extraordinary supplies sent to 
fo)'t Frontenac, and wrote to the French governour, 
signifying that if he attacked the confederates, he would 
consider it as a breach of the peace subsisting between 
the two crowns ; and to prevent his building a fort at 
JXiagara, he protested against it, and claimed the coun- 
try as dependent upon the province. De Nonville, in 
his answer, denied that he intended to invade the Five 
iNations, tho' the necessary preparations for that pur- 
pose were then carrying on, and yet Charlevoix com- 
mends him for his piety and uprightness, " egahment 
estimable (sa) s the Jesuit) powr sa valevr, sa droUure SC 
sa pieU'J^ Colonel Dongan, who knew the iuiportance 
of our Indian alliance, placed no confidence in the de- 
clarations of the marquis, but exerted himself in pre- 
])aring the confederates for a war; and the French au- 
thr.r, just mentioned, does him lionour, while he com- 
plains of him as a perpetual obstacle in the way cvf the 



History of New- York. 91 

execution of Iheir schemes. Our allies were now tri 
umpliing in their success over tlie Chictaghics, and me- 
ditating a war with the Twightwies, wlio had disturbed 
them in their beaver hiuiting. De Nonvi!lc, to prevent 
tile interruption of the French trade with the Twight- 
wies, determined to divert the Five Nations, and carry 
the war into their country. To that end, in 1687, lie 
collected two thousand troops and six hundred Indians 
at Montreal, and issued orders to all the officers in the 
more westerly country, to meet him witli additional 
succours at Niagara, on an expedition against the Sen- 
ecas. An English party, under one M'Gregory, at the 
same time, was gone out to trade on tiie lakes, but the 
French, notwithstanding the peace then subsisting be- 
tween the two crowns, intercepted them, seized their 
effects, and imprisoned their persons. Monsieur Fon- 
ti, commandant among the Chictaghics who was com- 
ing to the general's rendezvous at Niagara, did the 
like to another English party, which he met with in 
lake Erie.* The Five Nations, in the mean time, were 
preparing to give the French army a suitable recep- 
tion. Monsieur Companie, with two or three hundred 
Canadians, in an advanced party, surprised two villages 
of tlie confederates, who, at the invitation, and on the 
faith of the French, seated themselves down about eight 
leagues from lake Fadarackui or Ontario. I'o pre- 
vent their escape with uiteiligence to their countrymen, 
they were carried to the fort, and all but thirteen died 
in torments at the stake, singing with an heroick spirit. 



* Both these attacks were open iufractions of the treaty at Whitehall, 
executed ia November, 1686; by which it was agreed that the Indian 
trade in America should be free to the Eoglish and French. 



'92? History of Nov- York. 

in their expiring moments, the perfidy of ilie Frenclu 
The rest, according to the express orders of the French 
king, were sent to the galleys in Europe. The mar- 
quis having embarked his whole army in canoes, set out 
from the fort at Cadarackui, on the 23d of June, one 
half of them passing along the north, and the other 
on the south side of the lake ; and both arrived the 
same day at Tyrondequait, and shortly after set out on 
their march towards the chief village of the Senecas, 
at about seven leagues distance. The main body was 
composed of the regulars and militia, the front and 
rear of the Indians and traders. The scouts advanced 
the second day of their march, as far as the corn of the 
village, and within pistol shot of five hundred Senecas, 
who lay upon their bellies undiscovered. The French, 
who imagined the enemy were all fled, quickened their 
march to overtake the women and old men. But no 
sooner had they reached the foot of a hill, about a mile 
from the village, than the Senecas raised the war shout, 
and in the same instant charged upon the whole army, 
both in the front and rear. Universal confusion ensu- 
ed. The battalions divided, fired upon each other, and 
flew into the wood. The Senecas improved the disor- 
der of the enemy, till they were repulsed by the 
French Indians. According to Charlevoix's account, 
which may be justly suspected, the enemy lost but SiX 
men, and had twenty wounded, in the conflict. Of the 
Senecas, he says, sixty were wounded and forty-five 
slain. The marquis was so much dispirited, that he 
could not be persuaded to pursue the enemy that day; 
which gave the Senecas an opportunity to burn their 
"village and get ofl". Two old men remained in the castle 
to receive the genera], and regale the barbarity of his 



History of New- York. 9:] 

Indian allies. After destroying the corn in this and seve- 
ral other villages, the army retired to the banks of the 
lake, and erected a fort with four bastions on the south- 
east side of the streights at Niagara, in which they left 
one hundred men, under the command of Le CJievaiier 
de le Troye, with eight months provisions ; but these 
being close blocked up, all, except seven or eight of 
them, who were accidentally relieved, perished through 
famine.* Soon after this expedition, colonel Dongan 
met the Five Nations at Albany. To what intent, ap- 
pears from the speech he made to tiiom on the .Ith of 
August, which I choose to lay before tiie reader, to 
shew his vigilance and zeal for the interest of his mas- 
ter, and the commonweal of the province committed 
to his care. 

'• Brethrei\, 

" I am very glad to see you here in this house, and 
am heartily glad that you have sustained no greater 
loss by the French, though I believe it was their inten- 
tion to destroy you all, if they could have surprised 
you in your castles. 

" As soon as I heard their design to war with you, I 
gave you notice, and came up hither myself, that J 
might be ready to give all the assistance and advice 
that so short a time would allow me. 



* Nothing can be more perfidious and unjust than this attack upon 
our confederates. The two crowns had but just concluded a treaty 
for the preservation of the peace : La Hontau, one of the French his- 
torians, censures De Nonville's conduct, and admits the British title to 
the command of the lakes, but Charlevoix blames hira, as he does 
Hennepin, De L'Isle, and every other author, vho confesses tiic tnith 
to the prejudice of the ambitions claims of the court of France. 



91 History of New-York. 

" I am now about sending a gentleman to England, 
to the king, my master, to let him know, that the 
French have invaded his lerrifories on this side of the 
great lake, and warred upon the brethren, his subjects. 
I therefore would willingly know whether the brethren 
have given the governour of Canada any provocation 
or not ; and if they have, how, and in what manner ; 
because I asii obliged to give a true account of this mat- 
ter. This business may cause a war between the king 
of England, and the French king, both in Europe and 
here, and therefore I must know the truth. 

" I know the governour of Canada dare not enter in- 
to the king of England's territories, in a hostile manner, 
Avithout provocation, if he tliought the brethren were 
the king of England's subjects; but you have, two or 
three years ago, made a covenant chain with the French, 
contrary to my command (which I knew could not hold 
long) being void of itself among the Christians ; for 
as mucli as subjects (as you are) ought not to treat 
with any foreign nation, it not lying in your power. 
You have brought this trouble upon yourselves, and, 
as I believe, this is the only reason of their falling on 
you at this time. 

"Brethren, I took it very ill, that ajter you had put 
yourselves into the number of the great king of England's 
subjects, you should ever offer to make peace or war, 
without my consent. You know that we can live with- 
out you but you cannot live without us ; you never 
found that I told you a lie, and I offered you the assis- 
lance you wanted, provided that you would be advised 
by me ; for I know the French better than any of you 
do. 



'History of New-York. 95 

" Now since there is a war begun upon you by the 
ajovernour of Canada, I hope without any provocation 
by you given, I desire and coinninod you, that you 
hearken to no treaty but by my advice ; which if you 
foHow, you shall have ihe benefit of the great chain of 
friendship between the great king of England, and the 
king of France, which came out of England the other 
day, and which I have sent to Canada by Anthony le 
Junard ; in the mean lime, I will give you such advice 
as will be for your good ; and will supply you with 
such necessaries as you will have need of. 

" 1st, My advice is, as to what prisoners of the French 
you shall take, that you draw not their blood, but bring 
them home, and keep them to exchange for your peo- 
ple, which they have prisoners already, or may take 
hereafter." 

" 2dly, That if it be possible, that you can order it so, 
I would have you take one or two of your wisest sa- 
chems, and one or two of your wisest captains, of each 
nation, to be a council to manage all affairs of the war. 
They, to give orders to the rest of the officers what they 
are to do, that your designs may be kept private ; for 
after it comes among so many people, it is blazed abroad, 
and your designs are often frustrated; and those chief 
men should keep a correspondence with me by a trusty 
messenger. 

" 3dly, The great matter under consideration witli 
the brethren, is, how to strengthen themselves, and 
weaken their enemy. My opinion is, that the breth- 
ren should send messengers to the Utawawas, Twighl- 
v/ies, and the farther Indians, and to send back likewise 
some of the prisoners of these nations, if you have any 
left, to bury the hatchet, and to make a covenant chain. 



96 History of New-York, 

that they may put away all the French that are among 
them, and that you will open a path for them this way 
(they being the king of England's subject likewise, 
though the French have been admitted to trade with 
them ; for all that the French have in Canada, they had 
it of the great king of England) that, by that means, 
they may come hither freely, where they may have 
every thing cheaper than among the French : that you 
and they may join together against the French, and 
make so firm a league, that whoeveris an enemy to one, 
must be to both. 

" 4thly, Another thing of concern is, that you ought 
to do what you can to open a path for all the north In- 
dians and Mahikandejs that are among the Utawawas 
and further nations. I will endeavour to do the same 
to bring them home. For, they not daring to return 
home your way, the French keep them there on pur- 
jiose to join with the other nations against you, for your 
destruction ; for you know, that one of them is worse 
than six of the others ; therefore all means must be used 
to bring them home, and use them kind])- as they pass 
through your country. 

" 5thly, My advice further, is, that messengers go, in 
behalf of all the Five Nations, to the Christian Indians 
in Canada to persuade them to come home to their na- 
tive country. This will be another great means to weak- 
en your enemy ; but if they will not be advised, you 
know what to do with them. 

" 6thly, I think it very necessary, for the brethren's 
security and assistance, and to the endamaging the 
French, to build a fort upon the lake, where I may keep 
stores and provisions in case of necessity ; and therefore 
I would have the brethren let me know what place will 
he most convenient for it. 



History of New- York. 97 

" Tllily, I would not have the brethren keep their corn 
ill their castles, as I hear the Onondagas do, but bury it a 
gieat way in the woods, where few people may know 
where it is, for fear of such an accident as has happened 
to the Senecas. 

" 8thly, I have given my advice in your general as* 
sembly, by Mr. Dirk Wessels and Akus, the interpre- 
ter, how you are to manage yoiu' parties, and how ne- 
cessary it is to get prisoners, to exchange for your own 
men that are prisoners with the French, and I am glad 
to hear that the brethren are so unite'll as Mr. Dirk 
Wessels tells me you are, and that there were no rotten 
members nor French spies among you. 

" 9thiy, The brethren may remember my advice, 
wdiich I sent you this spring, not to go to Cadarackui ; 
if you had, they would have served you as they did 
your people that came from hunting thither, for 1 told 
you that I knew the French better than you did. 

" lOthly, There was no advice or proposition that I 
made to the brethren all the time that tlie priest lived 
at Onondaga, but what he wrote to Canada, as I found 
by one of his letters, which he gave to an Indian to car- 
ry to Canada, but which Avas brought hither ; therefore, 
I desire the brethren not to receive him, or any French 
priest any more, having sent for English priests, with 
whom you may be supplied to your content. 

" llthly, I would have the brethren look out sharp, 
for fear of being surprised. I I elieve all the strength 
of the French will be at their frontier places, viz. at Ca- 
darackui and Oniagara, where they have built a fort 
now, and at Troia Rivieres, Montreal aud Chauibly* 

13 



9B History of Nen-York. 

" ]2thly, Let me put you in mind again, not to make 
any treaties without my means, whicli will be more ad- 
vantageous for you, than your doing it for your&elvcB, 
for then you will be looked upon as the king of Eng- 
land's subjects, and let me know, from time to time, 
every thing that is done. 

" Thus far I have spoken to you relating to the v. ar." 

Not long after this inteniew, a considerable party of 
Mohawks and Mahikanders, or River Indians, beset 
fort Chambly, burnt several houses, and returned with 
many captivel to Albany. Forty Onondiigas, about 
the same time, surprised a few^ soldiers near fort Fron- 
tenac, whom they confined instead of the Indians sent 
home to the galleys, notwithstanding tlie utjuost adch-ess 
was used to regain them, by Lamljerville, a French 
priest, who delivered them two belts, to engage their 
kindness to the prisoners, and prevent their joining the 
quarrel with the Senecas. The belts being sent to colonel 
Dongan, he wrote to De Nonville, to demand the reason 
of their being delivered. Pere le Yaillant was sent here 
about the beginning of the year 1688, under colour of 
bringing an answer, but in reality as a spy. Col. Don- 
gan told him, that no peace could be made with the Five 
Nations, unless the Indians sent to the galleys, and the 
Caghnuaga proselytes Vvere returned to their respec- 
tive Contons, the foils at Niagara and Frontenac razed 
and the Senecas had satisfaction made them, for the 
damage they had sustained. The Jesuit, in his return, 
was ordered not to visit the Mohawks. 

Dongan, Avho was fully sensible of the importance of 
Uie Indian interest to the English colonies, was for com- 
pelling the French to apply to him in all their aliairs 
Tvith the Five Nations ; while tiie>', on the other hand. 



History of New-York. 99 

were for Ireatiiio; with theiri independent of the Eng- 
lisii. For this reason, among others, he refused them 
(he assistance they frequently required, till they ac- 
knowledged the dependence of the confederates on the 
English crown. King James, a poor, bigotted, popish, 
priestridden prince, ordered his governour to give up this 
point, and to persuade the Five Nations to send messen- 
gers to Canada, to receive proposals of peace from the 
French. For this purpose a cess*ation of arms and mu- 
tual redelivery of prisoners was agreed upon. Near 
twelve hundred of the confederates attended this nego- 
ciation at Montreal, and in their speech to De Nonville, 
insisted, with great resolution, upon the terms proposed 
by colonel Donganto father Le Vaill ant. The French 
governour declared his willingness to put an end to the 
war, if all his allies might be included in the treaty of 
peace, if the Mohawks and Senecas would send depu- 
ties to signify their concurrence, and the French might 
supply fort Frontenac with provisions. 71ie confede- 
rates, according to the French accounts, acceded to 
these conditions, and the treaty ^vas ratified in the field. 
But a new rupture not long after ensued, from a cause 
entirely unsuspected. The Dinondadies had lately in- 
clined to the Englisli trade at Messilimakinac, and their 
alliance was therefore become suspected by the French. 
Adario, their chief, thought to regain the ancient confi- 
dence wiiich had been reposed in his countrymen, by a 
notable action against ti^; Five Nations ; and for that 
purpose put himself at the head of one hundred men : 
iK^thing was more disagreable lo him than the prospect 
of peace between the French and the confederates ; for 
that event would not only render the amity of the D^- 
noiidadies useless, but give the French an opportunity 



100 History of New- York. 

of resentinof their late favourable conduct towards tlie 
Englisli. Impressed with these sentiments, out of af- 
fection to his country, he intercepted the ambassadours 
of the Five ISations, at one of the falls in Cadarackui 
river, killed some, and took others prisoners, telling 
them that the French governour had informed him, that 
fifty warriours of the Five Nations were coming that 
vay. As the Dinondadies and confederates were then 
at war, the ambassadours were astonished at the perfidy 
of the French governour, and could not help communi- 
cating the design of their journey. Adario, in prosecu- 
tion of his crafty scheme, counterfeited the utmost dis- 
tress, anger, and shame, on being made the ignominious 
tool ofDe INonville's treachery, and addressing himself 
to Dekanesora, the principal ambassadour, said to him, 
" Go, my brethren, I untie your bonds, and send you 
iiome again, though our nations be at v/ar. The Frencli 
governour has made me commit so black an action, 
that I shall never be easy after it, till the Five Nations 
shall have taken full revenge." This outrage and indig- 
nity upon the rights of ambassadours, the truth of which 
they did not in the least doubt, animated the confede- 
rates to the keenest thirst after revenge ; and accord- 
ingly twelve hundred of their men, on the 26th of July, 
1688, landed on the south side of the island of Montreal, 
while the French were in perfect secmity ; burnt their 
houses, sacked their plantations, and put to the sword 
all the men, women, and children, without the skirts of 
the tow n. A thousand French were slain in this inva- 
sion, and twenty-six carried into captivity and burnt 
alive. JMany more were made prisoners in another at- 
tack in October, and the lower part of the island whol- 



Ills tor!/ oj Neil- York. JUl 

ly destroyed. Only ihree of the confederates were 
lost, in all this scene of misery and desolation.* 

Never before did Canacia sustain siich a lieavy blow. 
The news of this attack on Montreal no sooner reach- 
ed the garrison at the lake Ontaiio, than they set fire to 
the two barks, which they had built there, and abandon- 
ed the fort, leaving a match to twenty-eiglit barrels of 
powder, designed to blow up the works. The soldiers 
went down the river in such precipitation, that one of 
the battoes and her crew were all lost in shootins: a fall. 
The confederates in the mean time seized the fort, the 
powder and the stores ; and of all the French allies, 
who were vastly numerous, only the JNepicirinians and 
Kikabous adhered to them in their calamities. The 
Utawawas and seven other nations instantly made peace 
T/ith the Eno;lish ; and but for the uncommon sao-aeitv 
and address of the sieur Perot, the western Indian^^ 
would have murdered every Frenchman among them. 
Nor did the distresses of the Canadians end here. Nu- 
merous scouts from the Five Nations, continually in- 
fested their borders. The frequent depredations that 
were made, prevented them from the cultivation of their 
lields, and a distressing famine raged through the whole 
country. Nothing but the ignorance of the Indians in 
the art of attacking fortified places, saved Canada from 
being now utterly cut olf. It was therefore unspeaka- 
ably fortunate to the French, that the Indians had no 

assistance from the English, and as unfortunate to us, 

i- 

* I liave followed Dr. Golden in the account of this attack, mIio dif- 
fers from Charlevoix. That jeeuit tells us, that the invasion vas late 
'in August, and the Indians fifteen hundred strong ; and as to (he loss 
of the French, he diminishes it only to two hundred souls.- 



102 History of New- York. 

that our colonies were then incapable of affordinof suc- 
cours to the confederates, through tlje malignant inllii- 
CDce of those execrable measures, which were pursued 
ursder the infamous reign of king James the second. 
Crdonel Dongan, whatever his conduct might have been 
iii civil alfau's, did all that he could in those relating to 
the Indians, and fell at last into the king's displea- 
sure, through his zeal for the true interest of the pro- 
vince. 

While these things were transacting in Canada, a 
scene of the greatest importance Avas opening at New- 
York. A general disaflection to the government pre- 
vailed among the people. Papists began to settle in 
the colony under the smiles of the govcrnoin\ The col- 
lector of the revenues, and several principal oflicers, 
threw off the mask, and openly avoAved tiieir attach- 
ment to the doctrines of Rome. A Latin school was 
set up, and the teacher strongly suspected for a Jesuit. 
The people of Long Island, who were disappointed in 
their expectation of mighty boons, promised by the 
governour on his arrival, were become his personal 
enemies; and, in a word, the whole body of the peo- 
ple trembled for the protestant cause. Here the lea- 
ven of opposition first began to work. Their intel- 
ligence from England, of the designs there in favour 
of the prince of Orange, blew up the coals of discon- 
tent, and elevated the hopes of the disatlected. But 
no man dared to spring in action, till after the rup- 
ture in Boston. Sir Edmond Andross, who Avas pei- 
fectly devoted to the arbitrary measures of king 
James, by his tyranny in New-England, had drawn 
upon himself the universal odium of the people, an- 
imated with the love of libertv and in the defence of 



History of New-York. 10 J 

it resolute and courageous ; and, llierefore, when they 
could no longer endure his despotick rule, they seiz-. 
ed and imprisoned hi>n, and afterwards sent hinj to 
EnL>;land. Tlie jfovernnient, in the mean tifne, was vest- 
ed in the hands of a committee for the safety of the 
people, of which Mr. BiT.dstreet, was chosen presi- 
dent. Upon the news of this event, several captains 
of our militia convened themselves to concert mea- 
sures in favoia- of the prince of Orange. Among 
these, .Jacob Leisler, was the most active. He was a 
man in tolerable esteem among the people, and of 
a moderate fortime, bnt destitute of every qualifica- 
tion necessary for the enterprise. Alilborne, his son 
in law, an Englishman, directed all his councils, 
while Leisler as absolutely influenced the other offi- 
cers. 

The first thing they contrived, was to seize the 
garrison in New- York ; and the custom, at that time, 
of guarding it every night by the militia, gave Leis- 
ler a fine opj)ortunity of executing the design. He 
entered it with forty-nine men, and delerni'ned to 
hold it till the whole militia should join him. Colo- 
nel Dongan, who Avas about to leave the province, 
then lay embarked in the bay, having a little be- 
fore resigned the government to Francis IMicholson, 
the lieutenant governour. The coiuicil, civil officers, 
and magistrates of the cit}, were against Leisler, 
and therefore many of his friends were at first fear- 
ful of openly espousing a cause disapproved by the 
gentlemen of figure. For this reason, Leisler's first de- 
claration in favour of the prince of Orange, was sub- 
scribed only by a few, among several companies of 
the trained bands. While the people, for lour days 



104 History of Neiv-York. 

successively, were in the utmost perplexity to deter- 
mine what part to choose, being solicited by Leisler 
on the one hand, and threatened by the lieutenant 
governour on the other, the town was alarmed with 
a report that three ships were coming up with or- 
ders from the prince of Orange. This falsehood was 
very seasonably propagated to serve the interest of 
Leisler; for, on that day, the 3d of June, 1689, his 
party was augmrntr;d by the ad<!iti<)n of six captains 
and four hundred men in New-York, and a compa- 
ny of seventy men from East Chester, who all subscrib- 
ed a second declaration,* mutually covenanting to 
hold the fort for the prince. Colonel Dongan continu- 
ed till this time in the harbour, wailing the issue of 
tliese commotions ; and Nicholson's party being now 
unable to contend with their opponents were totally 
dispersed, the lieutenant governour himself abscondingj 
the very night after the last declaration was signed. 



■' I liave taken au exact copy of it for the satisfaction of tiie reader, 
'• Whereas our intention, tended only bat to the [)reservation of the 
[jroteslant religion, and (he iurt of liiis citty, to the end tliat ^ve may 
avoid and prevent, the rash judgment of the world, in so just a design; 
vee have thought litt, to let every body know by these j.>iiblick pro- 
clamation, that till the safe arryvcll of the ships, that wee expect eve- 
ry daj^ from his royal highness the prince of Orange, Avlth orders for 
(he government of this country in the behalf of such person, as the said 
royal highness had chosen, and honoured Aiidi the charge of a gover- 
nour, that as soon as the bearer of the said orders, shall have let us see 
his power, then, and without any delnj^ wc shall execute {he said or- 
ders punctually ; declaring that we do intend to submit and obey, not 
only the said orders, but also the bearer thereof, committed for the ex- 
ecution of the same. In Avilness horeof, we have signed tliese pve^ 
seuts, the third of June, 1 tJ8ru 



History of New-York. 105 

Leisler being now in complete possession of the fort^ 
sent home an address to king William and queen Ma- 
ry, as soon as he received the news of their accession to 
tlie throne. It is a tedious, incorrect, ill-drawn narra- 
tive of the grievances which the people had endured, 
and the methods lately taken to secure themselves, end- 
ing with a recognition of the sovereignty of the king 
and queen over the whole English dominions. 

This address was soon followed by a private letter 
from Leisler to king William, which, in very broken 
English, informs his majesty of the state of the garri* 
son, the repairs he had made to it, and the temper of the 
people, and concludes with strong protestations of his 
sincerity, loyalty, and zeal. .Tost StoU, an ensign, on 
the delivery of this letter to the king, had the honour 
to kiss his majesty's hand, but Nicliolson, the lieutenant 
governour, and one Ennis, an episcopal clergyman, ar- 
rived in England before him ; and by falsely represent- 
ing the late measures in New-York, as proceeding 
rather from their aversion to the church of England, 
than zeal for the prince of Orange, Leisler and hi.-i par- 
ty missed the rewards and notice which their activity 
for the revolution justly deserved. For though the king 
made Stoll the bearer of his thanks to the people for 
their fidelity, he so little regarded Leisler's complaints 
against Nicholson, that he was soon after preferred to 
the government of Virginia. Dongan returned to Ire- 
land, and, it is said, succeeded to the earldom of Lime- 
rick. 

Leisler's sudden investiture with supreme power 
over the province, and the probable prospects of king 
William's approbation of his conduct, could not but ex- 
cite the envy and jealousy of the late council and ma* 

U 



106 History of New-York. 

gisfrates, who had refused to join in the glorious work K)i 
the revolution ; and hence the spring of all their aver- 
sion, both to the man and his measures. Colonel Bay- 
ard, and Couiiland, the mayor of the chy, were at the 
head of his opponents, and finding it inipossible to raise 
a party against him in the city, they very early retired 
to Albany, and there endeavoured to foment the oppo- 
sition. Leisler, on the other hand, fearful of their in- 
fluence, and to extinguish the jealousy of the people, 
thought it prudent to admit several trusty persons to a 
participation of that power, which the militia on the Isl 
of July had committed solely to himself. In conjunc- 
tion with these, (who, after the Boston example, were 
called the committee of safety) he exercised the go- 
vernment, assuming to himself only the honour of being 
president in their councils. This model continued till 
the month of December, when a packet arrived with a 
letter from the lords Cannarthen, Halifax, and others, 
directed " to Francis JNicholson, esq ; or in his absence, 
to such as for the time being, take care for preserving 
the peace and administering the laws, in their majes- 
ties' province of New-York, in America." This letter 
was dated the 29th of July, and was accompanied with 
another from lord Nottingham, dated the next day, 
which, after empowering Nicholson to take upon him 
the chief command, and to appoint for his assistance as 
many of the principal freeholders and inhabitants as he 
should think fit, requiring also " to do every thing ap- 
pertaining to the office of lieuteriant governour, accord- 
ing to the laws and customs of New- York, until further 
orders." 

Nicholson being absconded when this packet came to 
hand, Leisler considered the letter as directed to him- 



History of Nav- York. 107 

self, and from this time issued all kinds of commissions 
in his own name, assuming the title, as Avell as autliori- 
ty, of lieutenant governour. On the 11th of December, 
he summoned the committee of safety, and agreeable 
to their advice, swore the following persons for his 
council : Peter de Lanoy, Samuel Staats, Hendrick 
Jansen, and Johannes Vermilie, for New- York. Ge- 
rardus Beekman, for King's county. For Queen's coun- 
ty, Samuel Edsel. Thomas Williams, for Westchester. 
William Lawrence, for Orange county. 

Except the eastern inhabitants of Long Island, all 
the southern part of the colony cheerfully submitted 
to Leister's command. The principal freeholders, how- 
ever, by their respectfid letters, gave him hopes of their 
submission, and thereb}' prevented his betaking himself 
to arms, w'hile they w^ere privately soliciting the colony 
of Connecticut to take them under its jurisdiction. They 
had indeed no aversion to Leister's authority, in favour 
of any other party in the province, but were willing to 
be incorporated with a people from whence they had 
originally colonized ; and, therefore, as soon as Con- 
necticut declined their request, they openly appeared 
to be advocates for Lelsler. At this juncture the Long 
Island representation v^'as drawn u}?, which I have more 
than once had occasio:i to mention. 

The people of AFoany, in the mean time, were de- 
termined to hold the ■ ;!i r'r >n aj^d city for king Wil- 
liam, independent otiicisler, and on the 2(5th of Octo- 
ber, which was before the packet arrived from lord 
Nottingham, formed themselves into a convention for 
that purpose. As Leisler's attempt to reduce this coun- 
try to his command, was the original cause of the fu- 
tui*e divisions in the pi'ovincc, and in the end brought 



108 History of New-York. 

about his own ruin, it may not be improper to see the 
resolution of the convention, a copy of which was sent 
down to hiin at large. 

Peter Schuyler, Mayor, Claes Ripse, . 

Dirk Wessels, Recorder, David Schuyler, f xUf^xmtn, 

Jan Wandal, Albert Ryckmao, ( 

Jan Jansen Bleeker, 

Kiliian V. Renslaer, Justice, John Cuyler, 

Capt. Marte Gerritse, Justice, Gerrit Ryerse, 

Capt. Gerrit Tunisse, Evert Banker, 

Dirk Tunisse, Justice, Rynier Barentse. 

Lieut. Robert Sanderse, 

" Resolved, since we are informed by persons com- 
ino- from New- York, that captain Jacob Leisler is de- 
signed to send up a company of armed men, upon pre- 
tence to assist us in this country, who intend to make 
themselves master of their majesties' fort and this city, 
an«1 carry divers persons and chief officers of this city, 
prisoners to New-York, and so disquiet and disturb 
their majesties' liege people, that a letter be writ to al- 
derman LeviniLs Van Schaic, now at New- York, and 
lieutenant .Tochim Staets, to make narrow enquiry of the 
business, and to signify to the said Leisler, that we have 
received such information ; and withal acquaint him, 
that notwithstanding Ave have the assistance of ninety- 
five men from our neighbours of New-England, who 
are now gone for, and one hiuidred men upon occasion, 
to command, from the county of Ulster, which Ave 
think will be sufficient this winter, yet Ave Avill willing- 
ly accept any such assistance as they shall be pleased 
to send for the defence of their majesties' county of 
Albany : Provided, they be obedient to, and obey such 
orders and commands, as they shall, from time to time, 
T^ceive from the convention ; and that by no meam 



History of New-York. 10» 

they \s III be admitted, to Lave the command of their 
majesties' fort or this city ; which we intend, by God's 
assistance, to keep and preserve for the behoof of their 
majesties William and JMary, king and queen of Eng- 
land, as we hitherto have done since their proclamation ; 
and if you hear, that they perse veie with such inten- 
tions, so to disturb the inhabitants of this county, that 
you then, in the name andbehalf of the convention and 
inhabitants of the city and county of Albany, protest 
against the said Leisler, and all such persons that shall 
make attempt, for all losses, damages, bloodshed, or 
whatsoever mischiefs may ensue thereon ; which you 
are to communicate with all speed, as you perceive 
their design." 

Taking it for granted, that Leisler at New- York, 
and the convention at Albany, were equally affected 
to the revolution, nothing coidd be more egregiously 
foolish, than the conduct of both parties, who, by tlieir 
intestine divisions, threw^ the province into convulsions, 
and sowed the seeds of mutual hatred and animosity, 
which, for a long time after, greatly embarrassed the 
publick affairs of the colony. When Albany declared 
for the prince of Orange, there w as nothing else that 
Leisler could properly require : and rather than sacri- 
fice the publick peace of the province, to the trifling 
honour of resisting a man who had no evil designs, Al- 
bany ought in prudence to have delivered the garrison 
into his hands, till the king's definitive orders should ar- 
rive. But while Leisler, on the one hand, was inebri- 
ated with his new gotten power, so on the other, Bay- 
ard, Courtland, Schuyler, and others, could not brook 
a submission to the authority of a man, mean in his 
abilities, and inferiour in his degree. Animated by 



110 History of New- York. 

these principles, both parties prepared, the one to re- 
duce, if I may vise the expression, the other to retain, 
the garrison of Albany. Mr. Livini^ston, a principal 
agent for the convention, retired into Connecticut, to 
solicit the aid of that colony for the protection of the 
frontiers against the French. Leisler suspecting that 
they were to be u.sed against liiin, endeavoured not on- 
ly to prevent these supplies, but wrote letters, to have 
Livingston apprehended as an enemy to the reigning 
powers, and to procure succours from Boston, falsely 
represented the convention as in the interest of the. 
French and king .Tames. 

Jacob Milborne was commissioned for the reduction 
of Albany. Upon his arrival there, a great number of 
the inhabitants armed themselves and repaired to the 
fort, then commanded by IVIr. Schuyler, while many 
others followed the other members of the convention 
to a conference with him at the city hall. Milborne, 
to proselyte the crowd, declaimed much against king 
James, popery, and arbitrary power ; but his oratory 
was lost upon the hearers, who, after several meetings, 
still adhered to the convention. Milborne then ad- 
vanced with a few men up to the fort, and Mr. Schuy- 
ler had the utmost difficulty to prevent both his own 
men, and the Mohawks, Avho were then in Albany, and 
perfectly devoted to his service, from firing upon Mil- 
borne's party, which consisted of an inconsiderable 
number. In these cu'cumstances, he thought proper to 
retreat, and soon after departed from Albany. In the 
spring he commanded another party upon the same er- 
rand, and the distress of the coimtry upon an Indian 
irruption, gave him all the desired success. No sooner 
was he possessed of the garrison, than mast of the prin- 



History of New- York. 111^ 

cipal members of the convention altyconded. Upon 
wliich, their eflects were arbitrarily seized and contis- 
cated, Avhich so liighJy exasperated tiie sufferers, tliat 
their posterity, to this day, cannot speak of these trou- 
bles, without the bitterest invectives against Leisler 
and all his adherents. 

In the ondst of those intestine confusions at New- 
York, the peo})le of New-England, were engaged in a 
war Avith the Ovvenagungas, Ourages, and Penocoks. 
Between these and tlie Sciiakook Indians, there was then 
a friendly comniunication, and the same was suspected 
of the IMohawks, among whom some of the Owenagun- 
gas had taken sanctuary. I'his gave rise to a confer- 
ence between several commissioners from Boston, Ply- 
mouth, and Connecticut, and the Five Nations, at Al- 
bany, in Se})tember, 1689, the form.er endeavouring to 
engage the latter, against those eastern Indians, who 
were then at war with the New-England colonies. 
Tahajadoris, a Mohawk sachem, in a long oration, an- 
swered the English message, and, however improbable 
it may seem to Europeans, repeated all that had been 
said the preceding day. The art they have in assisting 
their memories is this. The sachem who presides, has 
a bundle of sticks prepared for the purpose, and at the 
close of every principal article of the message delivered 
to them, gives a stick to anottier sachem charging him 
with remembrance of it. By tiiis means the oratour, af- 
ter a previous conference with the Indians, is prepared 
to repeat every j)art of the message, and give it its pro- 
per reply. This custom is invariably pursued in all 
their publick treaties. 

The conference did not answer the expectation of the 
people of New-England, the Five Nations discovering 



112 History oj Nov- York. 

a great disinclination to join in the hostilities against the 
eastern Indians. To atone for which, they gave th© 
highest protestations of their willingness to distress the 
French, against whom the English had declared war, on 
the 7th of May preceding. That part of the speech 
ratifying their friendship with the English colonies, is 
singularly expressed. " We promise to preserve the 
chain inviolably, and wish that the sun may always 
shine in peace over all our heads that are comprehend- 
ed in this chain.* We give two belts. One for the 
Sim, and the other for its beams. We make fast the 
roots of the tree of peace and tranquility which is plant- 
ed in this place. Its roots extend as far as the utmost 
of your colonies ; if the French should come to shake 
this tree, we would feel it by the motion of its roots, 
which extend into our country. But we trust it will 
not be in the governour of Canada's power to shake 
this tree, which has been so firmly, and long planted 
with us." 

Nothing could have been more advantageous to these 
colonies, and especially to New- York, than the late suc- 
cess of the Five Nations against Canada. The mise- 
ries to which the French were reduced, rendered us 
secure against their inroads, till the work of the revo- 
lution was in a great measure accomplished ; and to 
their distressed condition, we must principally ascribe 
the defeat of the French design, about this time, to 
make a conquest of the province. De Callieres, who 



* The Indians' conception of the league between them aud us, is 
couched under the idea of a chain extended from a ship to a tree ; 
and every renewal of this league they call brightening the chain. 



History of NcrV'York. 113* 

went to France in 1688, first projected the scheme ;* 
and the troubles in England encouraged the French 
court to make the attempt. Caffiniere commanded the 
ships which sailed for that purpose from Rochefort ; 
subject, nevertheless, to the count De Frontenac, who 
was general of the land forces, destined to march from 
Canada by the rout of Sorel river and the lake Cham- 
plain. The fleet and troops arrived at Chebucta, the 
place of rendezvous, in September : from whence the 
count proceeded to Quebec, leaving orders with Caf- 
finiere to sail for New-York, and continue in the bay, 
in sight of the city, but beyond the fire of our cannon, 
till the 1st December : when, if he received no intelli- 
gence from him, he was ordered to return to France, af- 
ter unlading the ammunition, stores, and provisions at 
Port-Royal.f Tiie count was in high spirits, and fully 
determined upon the enterprise, till he arrived at Que- 
bec ; where the news of the success of the Five Nations 
against Montreal, the loss of his favourite fort at lake 
Ontario, and the advanced season of the year, defeated 
his aims, and broke up the expedition. De Nonville, 
who was recalled, carried the news of this disappoint- 
ment to the court of France, leaving the chief command 
of the country in the hands of count Frontenac. This 



* Charlevoix has published an extract of the memorial presented io 
the French king. The force demanded for this enterprise was to consist 
of 1300 regulars, and 300 Canadians. Albany was said to be fortified 
only by an inclosure of stockadoes and a little fort with four bastions; 
and that it contained but 150 soldiers and 300 inhabitants. That 
New-York, the capital of the province, Avas open, had a stone fort 
with four bastions, and about four huuifred inhabitants, divided into 
ftight companies. 

i Now Annapolis. 

If) 



114 Hislory of Ncw-YorJc. 

gentleman was a man of courage, and well acquain-ed 
with the affairs of that country. He was then in the 68th 
year of his age, and yet so far from consulting his ease, 
that in a few days after he landed at (Quebec, he re- 
einbarked in a canoe for Montreal, where liis presence 
was absolutely necessary, to animate the inhabitants 
and regain their Indian alliances. A war, between the 
English and French crowns, being broke out, the count 
betook himself to every art, for concluding a peace be- 
tween Canada and the Five Nations ; and for this piu'- 
pose, the utmost civilities were shown to Taweraket 
and the other Indians, who had been sent to France by 
De Nonville, and were now returned. Three of those 
Indians, who doubtless were struck with the grandeur 
and glory of the French monarch, were properly sent 
on the important message of conciliating the friendship 
of the Five Nations. These, agreeable to our alliance, 
sent two sachems to Albany, in December, with notice 
that a council for that purpose was to be held at Onon- 
daga. It is a just reflection upon the people of Albany, 
that they regarded the treaty so slightly, as only to 
send four Indians and the interpreter \^ith instructions, 
in their name, to dissuade the confederates from a ces- 
sation of arms ; while the French, on the other hand, 
had then a Jesuit among the Oneydoes. The council 
began on the 22d of January, 1690, and consisted of 
eighty sachems. Sadekanaghtie, an Onondaga chief, 
opened the conference. The whole was managed with 
great ail and formality, and concluded in showing a 
disposition to make peace with the French, without per- 
fecting it ; guarding, at the same time, against giving 
the least umbrage to the English. 



History of New- York', 115 

Ainon2; other measures to detach the Five Nations 
from the British interest, and raise the depressed s{)irit 
of the Canadians, the count De Frontenac thought pro- 
per to send out several parties against the Englisti col- 
onies. D'Aillebout, De Mantel, and Le Moyne, com- 
manded that against New-York, consisting of about two 
hundred French and some Caghnuaga Indians, who, be- 
ing proselytes from the Mohawks, were perfectly ac- 
quainted with that country. Their orders Avere, in gen- 
eral, to attack New- York ; but pursuing the advice of 
the Indians, they resolved, instead of Albany, to sur- 
prise Schenectady, a village seventeen miles northwest 
from it, and about the same distance from the Mohawks. 
The people of Schenectady, though they had been in- 
formed of the designs of the enemy, were in the great- 
est security ; judging it impracticable for any men to 
march several hundred miles, in the depth of winter, 
through the snow, bearing their provisions on theu' backr. 
Besides the village was in as mucli confusion as the rest 
of the province ; the otiicers who were posted there, 
being unal)le to preserve a regular watch, or any kind 
of military order. Such was the state of Schenectady, 
as represented by colonel Schuyler, who was at that 
time mayor of the city of Albany, and at the head of 
the convention. A copy of liis letter to the neighbour- 
ing colonies, concerning this descent upon Schenecta- 
dy, dated 1.5th of February, 1689-90, 1 have now lying 
before me, under his own hand. 

After two and twenty days march, the enemy fell in 
with Schenectady, on the 8th of February ; and were 
reduced to such streights, that they had thoughts of sur-^ 
rendering themselves prisoners of war. But their scouts, 
who were a day or two in the village entiiely unsuspect- 



116 History of New-York. 

ed, returned with such encouraging accounts of the ab- 
solute security of the people, that tlie enemy deter- 
mined on the attack. They entered on Satuiday night 
about eleven o'clock, at the gates, which were found 
unshut ; and, that every house might be invested at the 
game time, divided into small parties of six, or seven 
men. The inhabitants were in a profound sleep, and 
unalarmed, till their doors were broke open. Never 
were people in a more wretched consternation. Before 
they were risen from their beds, the enemy entered 
their houses, and began tiie perpetration of the most in- 
human barbarities. No tongue, says colonel Schuyler, 
can express the cruelties that were committed. The 
whole village was instantly in a blaze. Women with 
child ripped open, and their infants cast into the flames, 
or dashed against the posts of the doors. Sixty persons 
perished in the massacre, and twenty seven were carri- 
ed into captivity. The rest fled naked towards Albany, 
through a deep snow which fell that very night in a ter- 
rible storm ; and t\A'enty five of these fugitives, lost 
their limbs in the flight, tlu'ough the severity of the frost. 
The news of this dreadful tragedy reached Albany 
about break of day ; and universal dread seized the in- 
habitants of that city, the enemy being reported to be 
one thousand four hundred strong. A party of horse 
was immediately dispatched to Schenectady, and a few 
Mohawks, then in the town, fearful of being intercepted, 
were with difficulty sent to apprise their own castles. 

The IVlohawks were unacquainted with this bloody 
scene, till two days after it happened ; our messengers 
being scarce able to travel through the great depth of 
snow. The enemy, in the mean time, pillaged the 
town of Schenectady till noon the next day ; and then 



History of New-York, 117 

went off with their plunder, and about forty of theu' best 
horses. The rest, with all the cattle they could find, 
lay slaughtered in the streets. 

The design of the French, in this attack, was to alarm 
the feirs of our Indian allies, by shewing that we were 
incapable of defending them. Every art also was used 
to conciliate their friendship, for they not only spared 
those Mohawks who were found in Schenectady, but 
several other particular persons, in compliment to the 
Indians, who requested that favour. Several women 
and children were also released at the desire of captain 
Glen, to whom the French offered no violence ; the offi- 
cer declaring he had strict orders against it, on the score 
of his wife's civilities to certain French captives in the 
time of colonel Dongan. 

The .Mohawks, considering the cajoling arts of the 
French, and that the Caghnuagas who were with them, 
were once a part of their own body, behaved as well as 
could be reasonably expected. They joined a party of 
young men from Albany, fell upon the rear of the ene- 
my, and either killed or captivated five and twenty. 
Several sachems, in the mean time, came to Albany, 
and very affectingly addressed the inhabitants, who 
were just ready to abandon the country ; urging their 
stay, and exciting an union of all the English colonies 
against Canada. Their sentiments concerning the French 
appear from the following speech of condolence. 
" Brethren, we do not think, that what the French have 
done can be called a victory : it is only a farther proof 
oft heir cruel deceit : the governour of Canada, sent to 
Onondaga, and talks to us of peace with our whole 
house ; but war was in his heart, as you now see by wo- 
ful experience. He did the same, formerly, at Cadar- 



118 Hislory of New-YorJc. 

acqui, and in the Seneca's country. This is the third 
ti.ne he has acted so deceitfully. He has broken open 
our house, at both ends ; formerly in the Seneca's coun- 
try, and now here. We hope however to be revenged 
of them." 

Agreeable to this declaration, the Indians soon after 
treated the chevalier d'Eau and the rest of the French 
messengers, who came to conclude the peace proposed 
by Taweraket, with the utmost indignity ; and after- 
wards delivered them up to the English. Besides this, 
their scouts harrassed the borders of the enemy, and 
fell upon a party of French and Indians, in the ri- 
ver, about one hundred and twenty miles above Mon- 
treal, under the command of Louvigni, a caj>tain, who 
was going to Missilimakinac, to prevent the conclusion of 
the peace between the Utawawas and Quatoghies, with 
the Five Nations. The loss in this skirmish was nearly 
equal on both sides. One of oiu' prisoners was deliver- 
ed to the Utawawas, who ate him. In revenge for this 
barbarity, the Indians attacked the island of Montreal, 
at Trembling Point, and killed an officer and twelve 
men ; while another party canied off about fifteen pri- 
soners taken at Riviere Puante, whom they afterwards 
slew, through fear of their pursuers ; and others burnt 
the French plantations at St. JEurs. But what render- 
ed this year most remarkable, was the expedition of 
sir William Phips against Quebec. He sailed up the 
river with a fleet of thirty-two sail, and came before 
the city in October. Had lie improved his time and 
strength, the conquest would have been easy ; but hy 
spending three days in idle consultations, the French 
governour brought in his forces, and entertained such 
a mean opinion of the English knight, that he not only 



History of New- York. 119 

despised his siitnmons to surrender, but sent a verbal 
answer, in wliicli lie called king William an usurper, 
and poured the utmost contejnpt upon his subjects. 
The messenger, who carried the summons, insisted up- 
on a written answer, and that within an hour ; but the 
count de Frontenac absolutely refused it, adding, " FU 
answer your master by the mouth of my cannon, that 
he may learn that a man of my condition is not to be 
summoned in this manner." Upon tljjis, sir William 
made two attempts to land below the town, but was re- 
pulsed by the enemy, with considerable loss of men, 
cannon and baggage. Several of the ships also cannon- 
aded the city, but without any success. The forts at 
the same time returned the fire, and obliged them to 
retire in disorder. The French writers, in then* ac- 
counts of this expedition, universally censure the con- 
duct of sir W^illiam, though they confess the valour of 
his troops. La Hontan, w ho was then at Quebec, says, 
he coidd not have acted in a manner more agreeable to 
the French, if he had been in their interest.* 
# 

* Dr. Golden supposes this attack was made upon Quebec, in 1691, 
but he is certainlj^ mistaken ; see life of sir William Phips, published 
at London, 1697...01dmixon's Brit. Empirc.and Charlevoix. 

Among the causes of the ill success of the fleet, the author of the life 
of sir William Phips, mentions the neglect of the conjoined troops of 
^ew-York, Connecticut, and the Indians, to attack Montreal, accord- 
log to the original plan of operations. He tells us, th:it they marched 
to the lake, but there found themselves unprovided with battoes, and 
that ihe Indians were dissuaded from the attempt. By what authority 
these assertions may be supported, I know not. Charlevoix says our 
army was disappointed in the intended diversion, by the small pox, 
which seized the camp, killed three hundred men, and terrified our 
Indian allies. 



HI STOUT OF N JEW-YORK. 



PART III. 

From the Revolution to the second Expedition against 

Canada, 



ft HILEl our allies were faithfully exerting theui" 
selves against the common enemy, colonel Henry 
Sloughter, who had a commission to be governour of this 
province, dated the 4th of January, 1689, arrived here, 
and published it on the 19th of March, 1691. Never was 
a governour more necessary to the province^ than at this 
critical conjuncture ; as well for reconciling a divided 
people, as for defending them against the wiles of a 
cunning adversary. But either through the hurry of 
the king's affairs, or the powerful interest of a favour- 
ite, a man was sent over, utterly destitute of every 
qualification for government, licentious in his morals, 
avaricious, and poor. The council present at his arrival 
were, 

Joseph Dudley, Gabriel Mienvielle^ 

Frederick Philipse, Chudley Brook, 

Stephen Van Courtlandl, Thomas Willet, 
William Pinhorne. 
If Leisler had delivered the garrison to colonel 
Sloughter, as he ought to have done, upon his first 
landing, besides extinguishing, in a great degree, the 
animosities tljen subsisting, he would, doubtless, have at- 
tracted the favourable notice, both of the governour 

16 



122 ' History of New-York. 

and the crown. But being a weak man, he was so in- 
toxicated with the love of power, that lliough he l.ad 
been well informed of Sloughter's appointment to the 
government, he not only shut himself up in the fort 
with Bayard and Nichols, whom he had, before that time, 
imprisoned, but refused to deliver them up, or to sur- 
render tlie garrison. From this moment he k)st all cre- 
dit with the governour, who joined the other party 
against him. On the second demand of the fort, I\iil- 
borne and De Lanoy came out, under pretence of con- 
ferring with his excellency, but in reality to discover his 
designs. Sloughter, who considered them as rebels, 
threw them both into gaol. Leisler, upon this event, 
thought proper to abandon the fort, which colonel 
Sloughter immediately entered. Bayard and Nichols 
were now released from their confinement, and sworn 
of the privy council. Leisler having thus ruined his 
cause, was apprehended with many of his adiierents, and 
a commission of oyer and terminer issued to sir Thomas 
Robinson, colonel Smith, and otiiers, for their trials. 

In vain did they plead the merit of their zeal for king 
AYilliam, since they had so lately opposed his governour. 
Leisler, in particular, endeavoured to justify his con- 
duct, insisting that lord Nottingham's letter entitled 
him to act in the quality of lieutenant governour. 
Whether it was through ignorance or sycophancy, 1 
know not : but the judges instead of pronouncing their 
own senthnents upon this part of the prisoner's defence, 
referred it to the governour and council, praying their 
opinion, whether that letter " or any otiier letters, or 
papers, in the packet from Whitehall, can be under- 
stood, or interpreted, to be and contain, any power, or 
direction to captain Leisler, to take tiie government of 



History of New-York, 123 

this province upon himself, or that the administration 
thereupon be holden good in law." The answer was, as 
might have been expected, in the negative ; and Leisler 
and his son were condemned to death for high treason. 
These violent measures drove many of the inhabitants, 
who were fearful of being apprehended, into the neigh- 
b'/mring colonies Avhich shortly after occasioned the pass- 
ing an act of general indemnity. 

From the surrender of tlie province to the year 1683, 
the inhabitants were ruled by the duke's governours 
and their councils, who, from time to time, made rules 
and orders, which were esteemed to be binding as laws. 
1 hese, about the year 1674, were regularly collected 
under alphabetical titles ; and a fair copy of them re- 
mains, among our records, to this day. They are com- 
monly known by the name of the duke's laws. The 
title page of the hook, wriHen In the old court hand, is 
in these bald words, 

JUS 

]\0ViE EBORACENSIS ; 

VEL, 

LEGES ILLUSTRISSIMO PRINCIPE JACOBI DUCE 

EBORACI ET ALBAN^E, ETC. 

INSTITUTyE ET ORDIAATiE, 

AD OBSERVANDUM IN TERRITORIIS AMERICA I 

TRANSCRIPT.^, 

ANNO DOMINI 

M.,DC.LXXIV. 

Those acts which were made in 1683, and after the 
duke's accession to the throne, when the people were 
admitted to a participation of the legislative power, 
are for the most part rotten, defaced, or lost. Few 
minutes relating to them remain on the council books, 
iind none in the journals of the house. 



J2'i History of New-York. 

As this assembly, in 1691, was the first after the re- 
volution, it may not be improper to take some particu- 
lar notice of its transactions.* 

It began the 9th of April, according to the writs of 
summons issued on the 20th of March preceding. The 
journal of the house opens with a list of the members 
returned by the sheriffs. 

City and county of New- York. Couuty of Richmond. 
James Graham, Elias Dukesbury, 

William Merrett, John Dally. 

Jacobus Van Courtlandt, County of Westchester^ 

Johannes Kipp. John Pell. 

City and county of Albany. County of Suffolk. 

Derrick Wessels, Henry Pierson, 

Levinus Van Scayck. Mathevv Howell. 

Ulster and Dutchess county. Queen's county. 

Henry Beekman, John Bound, 

Thomas Garton. Nathaniel Percall. 

King's county. 
Nicholas Stillwell, 
John Poland. 
The members for Queen's county, being quakers, 
were afterwards dismissed, for refusing the oaths direct- 
ed by the governour's commission ; but all the rest 
were qualified before two coiumissioners appointed for 
that purpose. 

James Graham was elected their speaker, and ap- 
proved by the governour. 

The majority of the members of this assembly were 
against the measures which Leisler pursued in the lat- 

* All laws made here, antecedent to this period, are disregarded 
both by the legislature and the courts of law. In the collection of our 
acts, published in 1 752, the compilers were directed to begin at this 
assembly. The validity of the old grants of the powers of govern- 
ment, iu several American colonies, is very much doubted in this pro-f 
louce. 



History of New- York. 125 

ter part of his time ; and hence we find the house, after 
considering a petition, signed by sundry persons, against 
Xeisler, unanimously resolved, that his dissolving the 
late convention, and imprisoning several persons, was 
tumultuous, illegal, and against their majesties' right, 
and that the late depredations on Schenectady were to 
be attributed to his usurpation of all power. 

They resolved against the late forcible seizures made 
of etlects of the people, and against the levying of mo- 
ney on their majesties' subjects. And as to Leister's 
holding the fort against the governour, it was voted to 
be an act of rebellion. 

The house liaving, by these agreeable resolves, pre- 
pared the way of their access to the governour, ad- 
dressed him in these words : 

" May it please your excellency, 

" We their majesties' most dutiful and loyal subjects, 
convened, by theii' majesties' most gracious favour, in 
general assembly, in this province, do, in all most hum- 
ble manner, heartily congratulate your excellency, 
that as, in our hearts, we do abhor and detest all the 
rebellious, arbitrary, and illegal proceedings of the 
late usurpers of their majesties' authority over this pro- 
vince, so we do, from the bottom of our hearts, with 
all integrity, acknowledge and declare, that there are 
none, that can or ought to have ris^ht to rule and o-n- 
vern their majesties' subjects here, but by their majes- 
ties' authority, which is now placed in your excellency; 
and therefore we do solemnly declare, that we will, 
with our lives and fortunes, support and maintain the 
administration of your excellency's government, under 
their majesties, against all their majesties' enemies 
whatsoever : and this we humbly pray your excellency 
to accept as the sincere acknowledgment of all their 



126 History of New- York, 

majesties' good subjects within this their province; 
praying for their majesties' long and happy reign over 
us, and that your excellency may long live and rule, as 
according to their majesties' most excellent constitution 
of governing their subjects by a general assembly." 

Before this house proceeded to pass any acts, they 
unanimously resolved, " That all the laws consented to 
by the general assembly, under James duke of York, 
and the libeilies and privileges therein contained, 
granted to the people, and declared to be their rights, 
not being observed, nor ratified and approved by his 
royal highness, nor the late king, are null and void, 
and of none effect ; and also, the several ordinances, 
made by the late governours and councils, being con- 
trary to the constitution of England, and the practice 
of the government of their majesties' other plantations 
in America, are likewise mdl and void, and of no effect, 
nor force, within this province." 

Among the principal laAvs enacted at this session, we 
may mention that for establishing the revenue, which 
was drawn into precedent. The sums raised by it, were 
made payable into the hands of the receiver general, 
and issued by the governour's Avarrant. By this means 
the governour became, for a season, independent of the 
people, and hence we find frequent instances of the as- 
semblies contending with him for the discharge of debts 
to private persons, contracted on the faith of the go- 
vernment. 

Antecedent to the revolution, innumerable were the 
controversies relating to publick townships and private 
riglits ; and hence, an act was now passed, for the con- 
firmation of ancient patents and grants, intended to put 
an end to those debates. A law was also passed for the 



History of New- York. 127 

eslablishnient of courts of justice, 1 hough a peii^etual 
act havi been made to that purpose in 1683, and the old 
court of assize entirely dissolved in 1684. As this en- 
acted in 1691, was a temporary law, it may hereafter 
be disputed, as it has been already, whether the present 
establishment of our courts, for general jurisdiction, by 
an ordinance, can consist even with tlie preceding act, 
or the general rules of law. Upon the erection of the 
supreme court, a chief justice, and four assistant judg- 
es, witii an attorney general, were appointed. The chief 
justice, Joseph Dudley, had a salary of 130/. per an- 
nimi ; Johnson, the second judge, lOOZ. and both were 
payable out of the revenue ; but William Smith, Ste- 
phen Van Covirtlandt, and William Pinhorne, the other 
judges, and Newton, the attorney general, had nothing 
allowed for their services. 

It has, more than once, been a subject of animated 
debate, whether the people, in this colony, have a right 
to be represented in assembly, or whether it be a pri- 
vilege enjoyed through the grace of the crown. A me- 
morable act passed this session, virtually declared in fa- 
vour of the former opinion, upon*that, and several other 
of the principal and distinguishing liberties of English- 
men. It must, nevertheless, be confessed, that king 
William was afterwards pleased to repeal that law^ in 
the year 1697.* 

Colonel Sloughter proposed, immediately after the 
session, to set out to Albany, but as Leisier's party were 
enraged at his imprisonment, and the late sentence 



* It wDs entitled, " An act declariuo; what are tJie rights and privi- 
leges of tiieir majesties' subjects inhabiting 'vvithin their province of 
New-York," 



128 History of New- York. 

against him, his enemies were afraid new troubles would 
spring up in the al^sence of the governour ; for tliis rea- 
son, both the assembly and council advised that the pri- 
soners should be immediately executed, feloughter, who 
had no inclination to favom- them in this request, chose 
rather to delay such a violent step, being fearful of cut- 
ing ofi'two men, who had vigorously appeared for the 
king, and so signally contributed to the revolution. 
Nothing could be more disagreeable to their enemies, 
whose interest was deeply concerned in their destruc- 
tion. A.nd, therefore, when no other measures could 
prevail with the governour, tradition informs us, that a 
sumptuous feast was prepared, to which colonel Slough- 
ter was invited. When his excellency's reason was 
drowned in his cups, the entreaties of the company pre- 
vailed with him to sign the death warrant, and before he 
recovered his senses, the prisoners were executed. 
Leister's son afterwariJs .carried home a complaint to 
king William, against the governour. His petition Avas 
referred, according to the common course of plantation 
affairs, to the lords commissioners of trade, who, aftei" 
hearing the whole matter, reported on the 1 1th of March, 
1692, that they were humbly of opinion, that Jacob 
Leisler and Jacob Milborne, deceased, were condemned 
and had suffered according to law." Their lordships, 
however, interceded for their families, as fit objects of 
mercy, and this induced queen Mary, who approved the 
report, on the ITthof March, to declare, " that upon the 
humble application of the relations of the said Jacob 
Leisler and Jacob Milborne, deceased, her majesty will 
order the estates of Jacob Leisler and Jacob Milborne, 
to be restored to their families, as objects of her majes- 
ty's mercy." The bodies of these unhappy sufferers' 



History of Ncw-YorJt. 129 

were afterwards taken up and interred, with great pomp, 
in the old Dutch church, in the city of JNew-York. 
Their estates were restored to their families, and Leis- 
ter's children, in the publick estimation, are rather dig- 
nified, than disgraced, by the fall of their ancestor. 

These distractions in the province so entirely en- 
grossed the publick attention, that our Indian allies, 
who had been left solely to contend with the common 
enemy, grew extremely disaffected. The Mohawks, 
in particular, highly resented this conduct ; and, at the 
instance of the Caghnuagas, sent a messenger to Cana- 
da, to confer with count Frontenac about a peace. To 
prevent this, colonel Slougliter had an interview at Al- 
bany, in .Tune, with the other four nations, who express- 
ed their joy at seeing a governour again in that place. 
They told him that their ancestors, as they had been 
informed, were greatly surprised at the arrival of the 
first ship in that comitry, and were curious to know 
what was its huge belly. That they found Christians 
in it, and one .Tacques, with whom they made a chain 
of friendship, which they had preserved to this day. 
All the Indians, except the IMohawks, assured the go- 
vernour, at this meeting, of their resolution to prosecute 
the war. Tiie I^lohawks confessed their nesrociations 
with the French, that they had received a belt from Can- 
ada, and prayed tiie advice of the governour, and after- 
wards renewed their league with all our colonies. 

Sloughter soon after returned to New- York, and end- 
ed a short, weak, and turbulent administration, for he 
died suddenly on the 23d of July, 1691. Some were not 
without suspicions that he came unfairly to his end, but 
the certificate of the physician and surgeons who open- 

17 



130 History of New-York. 

ed his body, by an order of council, confuted these coU' 
jectures, and his remains were interred in Stuyvesant's 
vault, next to those of the old Dutch governour. 

At the time of Sloughter's decease, the government 
devolved, according to the late act for declaring the 
rights of the people of this province, on the council, in 
fvhich Joseph Dudley had a right to preside ; but they 
committed the chief command to Richard Ingolsby, a 
captain of an independent company, Avho was sworn in- 
to the office of president on the 26th of July, 1698. 
Dudley, soon afterwards, returned to this province, from 
Boston, but did not think proper to dispute Ingolsby 's 
authority, though the latter had no title, nor the great- 
est abilities for government, and was besides obnox- 
ious to the party who had joined Leisler, having been 
an agent in the measures Avhich accomplished his ruin. 
To the late troubles, which were then recent, and the 
agreement subsisting between the council and assembly, 
we must ascribe it, that the former tacitly acknowledg- 
ed Ingolsby's right to the president's chair ; for they 
concurred with him, in passing several laws, in autumn 
and the spring following, the validity of which hag 
never yet been disputed. 

This summer major Schuyler,* with a party of Mo- 
hawks, passed through the lake Champlain, and made a 
bold irruption upon tlie French settlements, at the north 



* The French, from his great influence at Albany, and activity 
among the Indians, concluded that he was the governour of that city ; 
and hence their historians honour him with that title, though he was 
then only mayor of the corporation. " Pierre Schuyler, says Charle- 
1?oix, etoit HD fort honaete homme." 



History of New- York. 131 

€nd of it.* De Callieres, the governour of Montreal, 
to oppose him, collected a small army, of eight him- 
dred men, and encamped at La Prairie. Schuyler had 
several conflicts with the enemy, and slew about three 
hundred of them, which exceeded in number his whole 
party. The French, ashamed of theu' ill success, attri- 
bute it to the want of order, too many desiring to have 
the command. But the true cause was the ignorance of 
their oflScers in the Indian manner of fighting. They 
kept their men in a body, while om's posted themselves 
behind trees, hidden from the enemy. Major Schuyler's 
design, in this descent, was to animate the Indians, and 
preserve their enmity with the French. They, accord- 
ingly, continued their hostilities against them, and, by 
frequent incursions, kept the country in constant alarm. 
In the midst of these distresses, the French governour 
preserved his sprightliness and vigour, animating every 
body about him. After he had served himself of the Uta- 
wawas, who came to trade at Montreal, he sent them 
home under the care of a captain and one hundred and 
ten men ; and to secure their attachment to the French 
interest, gave them two Indian prisoners, and, besides, 
sent very considerable presents to tlie western Indians, in 
their alliance. Thecaptives were afterwards burnt. The 
Five Nations, in the mean time, grew more and more in- 
censed, and continually harrassed the French borders. 
IMr. Beaucour, a young gentleman, in the following 
winter, marched a body of about three hundi'ed men to 
attack them at the isthmus, at Niagara. Incredible were 

* Dr. Coldcn relates it as a transaction of the year 1691, which is 
true : but he supposes it was before sir William Phips' attack upon 
Quebec, and thus falls into an auachroaism of a whole year, as I have 
ffilready observed. 



132 History of New-York. 

the fatigues they underwent in this long march over the 
fcnovv, bearing their provisions on their backs. Eighty 
men, of the Five Nations, opposed the French party 
and bravely maintained their ground, till most of theiri 
were cut off. In retm-n for which, the confederates, in 
small parties, obstructed the passage of the French 
through lake Ontario, and the river issuing out of it, and 
cut oil* their communication with the western Indians. 
An Indian called Black Kettle, commanded in these in- 
cursions of the Five Nations, and his successes, which 
continued the whole summer, so exasperated the count, 
that he ordered an Indian prisoner to be burnt alive. 
The bravery of this savage was as extraordinary, as the 
torments inflicted on him were cruel. He sung his mili- 
tary achievements without interruption, even Avhile hi* 
bloody executioners practised all possible barbarities. 
They broiled his feet, thrust his fingers into red hot 
pipes, cut his joints, and twisted the sinews with bars of 
iron. After this his scalp was ripped off, and hot sand 
poured on the wound. 

In.Iune, 1692, captain Ingolsby met the Five Nations 
?it Albany, and encouraged them to persevere in the 
war. The Indians declared their enmity to the French, in 
the strongest terms, and as heartily professed their 
friendship to us. " Brother Corlear, said the sachem, 
we are all subjects of one great king and queen, we 
have one head, one heart, one interest, and are all engag- 
ed in the same war." The Indians, at the same time, 
did not forget, at this interview, to condemn the inac- 
tivity of the English, telling them, that the destruction 
of Canada would not make one summer's work, against 
'tlieir united strength, if vigorously exerted 



His tori/ of New- York. 133 

Colonel Benjamin Fletcher arrived, with a commis- 
iion to be governoiir, on the 29th of August, 1692, 
which was publislied the next day, before the following 
meniljers, in council : 

Frederick Philipse, Chudley Brooke, 

Stephen Van Courtlandt, William Nicoll, 
Nicholas Bayard, Thomas Willet, 

Gabriel Mienvielle, Thomas Johnson. 

William Pinhorne, one of that board, being a non resi- 
dent, was refused the oaths ; and Joseph Dudley, for 
the same reason removed, both from his seat in coun- 
cil and his office of chief justice, Caleb Heathcote and 
John Young succeeded them in council : and William 
Smith was seated, in Dudley's place, on the bench. 

Colonel Fletcher brought over with him a present to 
the colony, of arms, ammunition and warlike stores ; 
ill gratitude for which, he exhorted the council and as- 
sembly, who were sitting at his arrival, to send home 
an address of thanks to the king. It consists, principal- 
ly, of a representation of the great expense the province 
was continually at to defend the frontiers, and praying 
his majesty's direction that the neighbouring colonies 
might be -compelled to join their aid for the support of 
Albany. The following passage in it shows the sense 
of the legislature upon a matter which has since been 
very much debated. " When these countries were 
possessed by the Dutch West-India company, they al- 
ways had pretences (and had most part of it within 
their actual jurisdiction) to all that tract of land (witli 
the islands adjacent) extending, from the west side 
of Connecticut river, to the lands lying on the west side 
of Delaware bay, as a suitable portion of land for one 
colony or government : all which, including the lands on 



3r34 History of New-York. 

the west of Delaware bay or river, were in the duke of 
York's grant, from his majesty king Charles the second, 
whose governours also possessed those lands on the 
tvest side of Delaware bay or river. By several grants, 
as well from the crown, as from the duke, the said pro- 
vince has been so diminished, that it is now decreased 
to a very few towns and villages ; the number of men 
fit to bear arms, in the whole government, not amount- 
ing to three thousand, who are all reduced to great po- 
verty." 

! Fletcher was by profession a soldier, a man of strong 
passions, and inconsiderable talents, very active and 
equally avaricious. Nothing could be more fortunate 
to him than his early acquaintance with major Schuy- 
ler, at Albany, at tlie treaty for confirmation of the 
Indian alliance, the fall after his arrival. No man, 
then in this province, understood the state of our affairs 
with the Five Nations better than major Schuyler. He 
had so great an influence over them, that whatever 
Quider,* as they called him, recommended or disap- 
proved, had the force of a law. This power over them 
was supported, as it had been obtained, by rej^eated of- 
fices of kindness, and his singular bravery and activity 
in the defence of his country. These qualifications 
rendered him singularly serviceable and necessar}', 
both to the province and governour. For this reason 
Fletcher took him into his confidence, and, on the 25th 
of October, raised him to the council board. Under 
the tutelage of major Schuyler, the governour became 
daily more and more acquainted with our Indian af- 
faii's ; bis constant application to which procured and 

*' Instead of Peter, which they could not prononnc^. 



IJ^i story of New- York. i3/> 

preserved him a reputation and influence in the colony. 
Without this knowledge, and which was all tliat he had 
to distinguish himself, his incessant solicitations for mo^ 
ney, his passionate temper, and bigotted principles, 
must necessarily have rendered him obnoxious to the 
people, and kindled a hot fire of contention in the pro- 
vince. 

The old French governour, who found that all his 
measures for accomplishing a peace with the Five Na- 
tions, proved abortive, was now meditating a blow on 
the Mohawks. He accordingly collected an army of 
six or seven hundred French and Indians, and supplied 
them with every thing necessary for a winter campaign. 
They set out from Montreal, on the 15th of January, 
1693 ; and after a march attended Avith incredible hard- 
ships, they passed by Schenectady, on the 6th of Fe- 
bruary, and, that night, captivated five men and some 
women and children, at the first castle of the Mohawks. 
The second castle was taken with equal ease, the In- 
dian inhabitants being in perfect security, and, for the 
most part, at Schenectady. At the third, the enemy 
found about forty Indians in a war dance, designing to 
go out, upon soine enterprise, the next day. Upon 
their entering the castle a conflict ensued, in which the 
French lost about thirty men. Three hundred of our 
Indians were made captives in this descent ; and, but 
for the intercession of the savages in the French inte^ 
rest, would all have been put to the sword.'^ 

* Dr. Golden and the Jesuit Charlevoix are not perfectly agreed ifr 
Hie history of this irruption. I have followed sometimes the former, 
and at other times the latter ; according as the facts, more imaiediatelf^r 
related to ihe conduct of Iheii- respectiye countrymen- 



136 History of New-York, 

The Indians were enraged, and with good reason, at 
the people of Schenectady, who gave them no assist- 
ance against the enemy, though they had notice of their 
marching by that viUage. But tliis was atoned for by 
the succours from Albany. Colonel Schuyler volun- 
tarily headed a party of two hundred men, and went 
out against the enemy. On the 15th of February he 
was joined by near three hundred Indians, ill armed, 
and many of them boys. A pretended deserter, who 
came to dissuade the Indians from tlie pursuit, inform- 
ed him, the next day, that the French had built a fort, 
and waited to fight him ; upon which he sent to Ingols- 
by, the commandant at Albany, as well for a reinforce- 
ment as for a supply of provisions ; for the greatest 
part of his men came out with only a few biscuits in 
their pockets, and at the time they fell in with the en- 
emy, on the 1 7th of the month, had been several days 
without any kind of food. Upon approaching the French 
army, simdry skirmishes ensued ; the enemy endea- 
vouring to prevent our Indians from felling trees fox- 
their protection. Captain Syms, with eighty regulars of 
the independent companies, and a supply of provisions, 
arrived on the 19th, but the enemy had marched offthe 
day before, in a great snow storm. Our party, however, 
pursued them, and would have attacked their rear, if 
the Mohawks had not been averse to it. AYhen the 
French reached the north branch of Hudson's river, 
luckily a cake of ice served them to cross over it, the 
river being open both above and below. The frost was 
now extremely severe, and the Mohawks fearful of an 
engagement ; upon which Schuyler who had retaken 
about fifty Indian captives, desisted from the pursuit on 
the 20th of February ; four of his men and as many In- 



Hhtory of New-York. 137 

dians being killed, and twelve wounded. Our Indians, 
at tliis time, were so distressed for provisions, that they 
fed upon the dead bodies of the French ; and the ene- 
my, in their turn, were reduced, before they got home, 
to eat u]) their shoes. The French in this enterprise lost 
eighty men, and had above thirty wounded. 

Fletcher's extraordinary dispatch up to Albany, up- 
on the first news of this descent, gained the esteem both 
of the publick and our Indian allies. 

The express reached New-York on the 12th of Fe- 
bruary, at ten o'clock in the night, and in less than two 
days, the governour embarked with three hundred vo- 
lunteers. The river, which was heretofore very uncom- 
mon at that season, was open.* Fletcher landed at Al- 
bany, and arrived at Schenectady, the 17th of the 
month, which is about one himdred and sixty miles from 
INew-York ; but he was still too late to be of any other 
use than to strengthen the ancient alliance. The Indians, 
in commendation of his activity on the occasion, gave 
him the name of Cayenguirago, or, the great swift ar- 
row. 

Fletcher returned to New-York, and, in March, met 
the assembly, who were so well pleased with his late 
vigilance, that besides giving him the thanks of the house, 
they raised 6000/. for a year's pay of three hundred 
volunteers, and their officers, for the defence of the fron- 
tiers. 

As the greatest part of this province consisted of 
Dutch inhabitants, all our governours, as well in the 

* Tlie climate of late years is much altered, and this day, February 
14,1736, tiiree luifuhed recvults sailed from New- York for the army 
under the command of general Shirley, now quartered at Albany ; and 
last year, a sloop went up the river a month earlier. 

18 



i38 History of Ntiv-YorJc. 

duke's time, as after the revolution, tlious;lit it good 
policy to encourage Englir^h preachers and schoolmas- 
ters in the colony. No man could be more bent upon 
such a project than Fletcher, a bigot to the episcopal 
foim of church government. He, accordingly, recom- 
mended this matter to the assembly, on his first arrival, 
as well as at their present meeting. The house, from their 
attachment to the Dutch language, and the model of th<i 
church of Holland, secured by one of the articles of sur- 
render, were entirely disinclined to the scheme, which 
occasioned a warm rebuke from the governour, in his 
speech at the close of the session, in these words : " gen- 
tlemen, the first thing that I did recommend to you, at 
our last meeting, was to provide for a ministry, and 
nothing is done in it. There are none of you, but what 
are big with the privileges of Englishmen and magna 
charta, which is your right ; and tlie same law doth pro- 
vide for the religion of the church of England, against 
sabbath breaking and all other profanity. But as you 
have made it last, and postponed it this session, I hope 
you will begin with it the next meeting, and do some- 
what toward it efTectually." 

The news of the arrival of the recruits and ammuni- 
tion at Canada, the late loss of the Moliawks, and the 
unfulfilled promises of assistance, made from time to 
time, by the English, together with the incessant soli- 
citations of Milet, the Jesuit, all conspired to induce the 
Oneydoes to sue for a peace witli the French. To pre- 
vent so important an event, Fletcher met the Five Na- 
tions at Albany, in July, 169:3, with a considerable pre- 
sent of knives, hatchets, clothing, and ammunilion, which 
had been sent over, by the crown, for tliat })iupose. 
Xhe Indians consented to a renewal of tlic ancient 



Hislory of New- York, 1 39 

league, and expressed their gratitude, for the king's dona- 
tion, with singular force. " Brother Cayenguirago, we 
roll and wallow in joy, by reason of the great favour 
the great king and queen have done us, in sending us 
amis and ammunition at a time when we are in the 
greatest need of them ; and because there is such unity 
among the brethren." Colonel Fletcher pressed their 
delivering up to him Milet, the old priest, which they 
promised, but never performed. On the contrary, he 
had influence enough to persuade all, but the JMohawks, 
to treat about the peace at Onondaga, though the go- 
vernour exerted himself to prevent it. 

Soon after this interview, Fletcher returned to New- 
York ; and, in September, met a new assembly, of 
w'iiich .lames Graham was chosen speaker. The gover- 
nour laboured, at this session, to procure the establish- 
ment of a ministry throughout the colony, a revenue to 
his majesty for life, the repairing the fort in New- York, 
and the erection of a chapel. That part of his speech, 
relating to the ministry, was in these words : " I recom- 
mended, to the former assembly, the settling of an able 
ministry, that the worsliip of God may be observed 
among us, for I fmd that great and first duty very much 
neglected. Let us not forget tiiat there is a God that 
made us, who will protect us if Ave serve lum. This has 
been always the first thing I have recommended, yet the 
last in your consideration. I hope you are all satisfied 
of tiie great necessity and duty that lies upon you to 
do this, as you expect his blessing upon your labours." 
The zeal with which this affair was recommended, induc- 
ed the house, on the 12th of September, to appoint a 
committee of eight members, to agree upon a scheme 
for Fettling a ministry, in each respective precinct;, 



140 History of New- York. 

throughout the province. This committee made a re- 
port the next day, but it was recommitted till the af- 
ternoon, and then deferred to the next morning. Se- 
veral debates arising about the report, in the house, it 
was again " recommitted for farther consideration." On 
the 15th of September it was approved, the establish- 
ment being then limited to several parishes in four coim- 
ties, and a bill ordered to be brought in accordingly ; 
which the speaker (who, on the 18th of September, was 
appointed to draw all their bills,) produced on the 391h. 
It was read twice on the same day, and then referred 
to a committee of the whole house. The third reading 
was on the 21st of September, when the bill passed, and 
was sent up to the governour and council, who imme- 
diately returned it with an amendment, to vest his ex- 
cellency with an episcopal power of inducting every 
incumbent, adding to that part of the bill near the end, 
which gave the right of presentation to the people, 
these words, " and presented to the governour, to be ap- 
proved and collated." The house declined their con- 
sent to the addition, and immediately returned the bill, 
praying, " that it may pass without the amendment, 
having, in the drawing of the bill, had a due regard to 
that pious intent of settling a ministry, for the benefit 
of the people." Fletcher was so exasperated with their 
refusal, that he no sooner received the answer of the 
house, than he convened them before him, and in an an- 
gry speech broke up the session. I shall lay that part of 
it, relating to this bill, before the reader, because it is 
characteristick of the man, 
" Gentlemen, 
" There is also a bill for settling a ministry in this 
city, and some other countries of the government. In 



HisUrry of Nen- York. 1 4 1 

that very thing you have shown a great deal of stiff- 
ness. You take upon you as if you were dictators. I 
sent down to you an amendment of tluee or four words 
in that bill, which, though very immaterial, yet was 
positively denied. I must tell you it seems very un- 
mannerly. There never was an amendment yet desir- 
ed by the council board, but what was rejected. It is 
the sign of a stubborn ill temper, and this have also 
passed. 

" But, gentlemen, I must take leave to tell you, if 
you seem to understand by these Avords that none can 
serve without your collation or establishment, you 
are far mistaken. For I have the power of collating 
or suspending any minister in my government, by 
their majesties' letters patent ; and whilst I stay in 
the government I Avill take care that neither heresy, 
sedition, schism, or rebellion, be preached among you, 
nor vice and profanity encouraged. It is my endea- 
vour to lead a virtuous and pious life among you, and 
to give a good example : I wish you all to do the same. 
You ought to consider that you have but a third share 
in the legislative power of the government ; and ought 
not to take all upon you, nor be so peremptory. You 
ought to let the council have a share. They are in the na- 
ture of the house of lords, or upper house ; but you seem 
to take the whole power in your hands, and set up for 
every thing. You have set a long time, to little pur- 
pose, and have been a great charge to the country. 
Ten shillings a day is a large allowance, and you punc- 
tually exact it. You have been always forward enough 
to pull down the fees of other ministers in the govern- 
ment. Why did you not think it expedient to correct 
your own, to a more moderate allowance ? 



142 Hislory of Nciv-YorJc. 

" Gentlemen, I shall say no more, at present, but 
that you do withdraw to your private allairs in the 
coimtry. I do prorogue you to the tenth of Janu- 
ary next, and you are hereby prorogued to the tenth 
day of January next ensuing." 

The violence of this man's temper is very evident in 
all his speeches and messages to the assembly ; and it 
can only be attributed to the ignorance of the times 
that the members of that house, instead of asserting 
their equality, peaceably put up with his rudeness. 
Certainly they deserved better usage at his hands. For 
the revenue, established the last year, was, at this ses- 
sion, continued for five years longer than was original- 
ly intended. This was rendering the governour, for a 
time, independent of the people. For at tliat day, the 
assembly had no treasiue ; but the amount of all taxes 
went, of course, into the hands of the receiver general, 
who was appointed by the crown. Out of this fund 
monies were only issuable by the governour's warrant ; 
so that every officer in the government, from Mr. 
Blaithwait, who drew annually five per cent, out of the 
revenue, as auditor general, down to the meanest ser- 
vant of the publick, became dependent, solely, of the 
governour. And hence we find the house, at the close 
of every session, humbly addressing his excellency for 
the trifling wages of their own clerk. Fletcher was, 
notwithstanding, so much displeased with them, that, 
soon after the prorogation, he dissolved the assembly. 

The members of the new assembly met, according to 
the writ of summons, in March, 1694, and chose colo- 
nel Peirson for their speaker, Mr. Graham being left 
out at the election for the city. The shortness of tliis 
session, which continued only to the latter end of the 



History of Nenj- York. 143 

month, was owing to the disagreeable business the 
house began upon, of examining the state of the pub- 
lick accounts, and, in particular, the muster rolls of 
the volunteers in the pay of tlie province. Tliey, how- 
ever, resumed it again in September, and formally en- 
tered their dissatisfaction w^ith the receiver general's 
accounts. The governour, at the same time, blew up 
the coals of contention, by a demand of additional pay 
for the king's soldiers, then just arrived, and new supplies 
for detachments in defence of the frontiers. He at last 
prorogued them, after obtaining an act for supporting 
one hundred men upon the borders. The same disputes 
revived again in the spring, 1695 ; and proceeded to 
such lengths, that the assembly asked tlie governour's 
leave to print their minutes, that they might appeal to 
the publick. It was at this session, on the 12th of April, 
1695, that, upon a petition of five chmch w^ardens and 
vestrymen of the city of New-York, the house declared 
it to be their opinion, " that the vestrymen and church 
wardens have power to call a dissenting protestant min- 
ister, and that he is to be paid and maintained as the act 
directs." The intent of this petition was to refute an. 
opinion, which prevailed, that tlie late ministry act was 
made for the sole benefit of episcopal clergymen. 

The quiet, undisturbed state of the frontiers, while 
the French were endeavouring to make a peace with 
the Five Nations, and the complaints of many of the 
volunteers, who had not received their pay, very much 
conduced to the backwardness of the assembly, in an- 
swering Fletcher's perpetual demands of money. But 
when the Indians refused to comply with the tenns of 
peace demanded by the French governour, which were 
to suffer him to rebuild tlie fort at Cadaraqus, and to in- 



144 History oj New-Yorh. 

elude the Indian allies, the war broke out afresh, an(f 
the assembly were obliged to augment both their de- 
tachments and supplies. 'J'he count Frontenac now 
levelled his v. rath principally against the Mohawks, who 
were more attached, than any other of the Five Nations., 
to our interest : but as his intentions had taken air, he 
prudently changed his measures, and sent a party of 
three hundred men to the isthmus of JXiagara, to sur- 
piise those of the Five Nations that might be hunting 
there. Among a few lliat were met with, some were 
killed, and others taken prisoners, and afterwards burnt 
at Montreal. Our Indians imitated the count's exam- 
ple, and burnt ten Dewagunga captives. 

Colonel Fletcher and his assembly having come to 
an open rupture in the spring, he called another in June, 
of which James Graham was chosen speaker. The 
count Frontenac was then repairing the old fort at Ca- 
daraqui ; and the intelligence of this, and the king's 
assignment of the quotas of the several colonies, for an 
united force* against the French, were the principal 
matters which the governour laid before the assembly. 
The list of the quota was this : 

* As such an union appeared to be necessary so lon^; ago, it is very 
surprising that no efiectual scheme for that purpose has hitherto been 
carried into full execution. A plan Avas concerted, in the great coji- 
gress consisting of commissioners from several colonies, met at Albany, 
in 1754; but what approbation it received at liome, has not hilherlo 
been made publick. The danger to Great Britain, apprehended from 
our united force, is founded in a total ignorance cf the true slafe and 
character of the colonies. None of liis majesty's subjects are more loy- 
al, or more strongly attached to protestant principles ; and the rt mark- 
able attestation, in the elegant address of the lords of tiie ]3t!i of No- 
vember, 17.55, in our favour, " That we are a great body of brave and 
faithful subjects," is as justly i\uv to us. a<? it was nob'y Fnid by them. 



History of New-York, 145 

Pennsylvania, 80/. Rhode Island and Provi- 

Massacbusetts' Bay, 350 dence Plantations, 48/. 
Maryland, 160 Conncctieut, 120 

Virginia, 240 New- York, 200 

As a ninnber of forces were now arrived, the assem- 
bly were in hopes the province would be relieved from 
raising any more men for the defence of the frontiers ; 
and, to obtain this favour of the governour, ordered 
3000/. to be levied, one half to be presented to him, 
and the rest he had leave to distribute among the Eng- 
lish officers and soldiers. A bill for this pui-pose was 
drawn ; but though his excellency thanked them for 
their favourable intention, he thought it not for his ho- 
nour to consent to it. After passing several laws, the 
session broke up in perfect harmony, the governour, in 
his great grace, recommending it to the house to ap- 
point a committee to examine the publick accounts 
against the next session. 

In September, Fletcher went up to Albany with ve- 
ry considerable presents to the Indians; whom he 
blamed for suffering the French to rebuild the fort at 
Cadaraqui, or Frontenac, which connnands the entrance 
from Cana la into the great lake Ontario. 

While these works were carrying on, the Diononda- 
dies, who were then poorly supplied by the French, 
made overtures of a peace with tlie Five Nations, which 
the latter readily embraced, because it was owing to 
their fears of these Indians, who lived near the lake 
Missilimachinac, tliat they never dared to march with 
their whole strength against Canada. The French com- 
mandant Avas fully sensible of the importance of pre- 
venting this alliance. The civilities of the Dionondadies 
to the prisoners, by whom the treaty, to prevent a dis- 

19 



J 46 History of New-York. 

covery, was ncgociated, gave the officer the first suspi- 
cion of it. One of these wretches had the unhappiness 
to fall into the hands of the French, who put him to the 
most exquisite torments, that all fiitvn-e intercourse with 
the Dionondadies might be cut ofH Dr. Colden, in just 
resentment for this inhuman barbarity, has published 
the whole process from La Potherie's history of INorth 
America, and it is this : 

" The yjrisoner being first made fast to a stake, so as 
to have room to move round it ; a Frenchman began the 
horrid tragedy, by broiling the flesh of the prisoner's 
legs, from his toes to his knees, with the red hot barrel 
of a gun. His example was followed by an Utawawa, 
who, being desirous to outdo the French in their refin- 
ed cruelty, split a furrow from the prisoner's shoulder 
to his garter, and, filling it with gunpowder, set fire to 
it. This gave him exquisite pain, and raised excessive 
laughter in his tormentors. When they found his throat 
so much parched that he was no longer able to gratify 
their ears with his howling, they gave him water, to 
enable him to continue their pleasure longer. Eut at 
last his strength failing, an Utawawa flcaed off his scalp, 
and threw burning hot coals on his scull. Then they 
untied him, and bid him run for his life. He began to 
run, tumbling like a drunken man. They shut up the 
way to the east, and made him run westward, the coun- 
try, as they think, of departed n)iserable souls. He had 
still force left to throw stones, till they put an end to his 
misery by knocking him on the head. After this eveiy 
one cut a slice from his body, to conclude the tragedy 
with a feast." 

From the time colonel Fletcher received his instruc- 
tion respecting the quotas of these colonies, for the de- 
fence of the frontiers, he repeatedly, but in vain, urged 



History of New- York. 147 

their compliance with the king's direction : he then 
earned his complaints against them home to his majes- 
ty, but all his applications were; defeated by the agents 
of those colonies, who resided in England. As soon, 
therefore, as he had laid this matter before the assem- 
bly, in autiuim, 1 695, the house appointed William Ni- 
coU, to go home in the quality of an agent for this pro- 
vince, for which they allowed him 1000/. But his so- 
licitations proved unsuccessful, and the instruction, re- 
Idling to these quotas, which is still continued, remains 
unnoticed to this day. Fletcher maintained a good cor- 
respondence with the assembly, through the rest of his 
administration ; and nothing appears, upon their jour- 
nals, worth the reader's attention. 

Tlie French never had a governour, in Canada, so 
vigilant and active as the count De Frontenac. He had 
no sooner repaired the old fort, called by his name, than 
he formed a design of invading the country of the Five 
Nations with a great army. For this purpose, in 1696, 
he convened, at Montreal, all the regulars, as well as 
militia, under his command; the Owenagungas, Quatoo-- 
hies of Loretto, Adii'ondacks, Sokakies, JNipiciriniens, 
the proselyted praying Indians of the Five JVations, 
and a few^ Utawawas. Instead of waggons and horses, 
wbich are useless in such a country, as he had to march 
through, the army was conveyed, through rivers and 
lakes, in light barks, Avhich are portable, whenever the 
rapidity of the stream and tlie crossing an isthmus ren- 
dered it necessary. The count left la Chine, at the 
south ^nd of the Island of iMontreal, on the 7th of Ju- 
ly. Two battalions of regulars, under the command of 
Le Chevalier de Callieres, headed by a number of In- 
dians, led the van, with two small pieces of cannon, the 
mortarsj grenadoes, and ammunition. After them fol- 



148 History of New- York. 

lowed the provisions ; then the main body, with the 
count's household, a considerable number of volunteers, 
and the engineer ; and four battalions of the militia, 
commanded by monsieur De Ramezai, governour of 
Trois Rivieres. 

Two battalions of regulars and a few Indians, under 
the chevalier De Yaudrueil, brought up the rear. Be- 
fore the army went a parcel of scouts, to descry the 
tracts and ambuscades of the enemy. After twelve days 
march, they arrived at Cadaraqui, about one hundred 
and eighty miles from Montreal, and then crossed the 
lake to Oswego. Fifty men marched on each side of the 
Onondaga river, which is narrow and rapid. When they 
entered the little lake,* the army divided into two parts, 
coasting along the edges, that the enemy might be un- 
certain as to the place of their landing, and where they 
did land, they erected a foil. The Onondagas had sent 
away their wives and children, and were determined to 
defend their castle, till they were informed by a deser- 
ter of the superiour strength of the French, and the na- 
ture of bombs, which were intended to be used against 
them, and then, after setting fire to their village, they 
retired into the woods. As soon as the count heard of 
this, he marched to their huts in order of battle ; being 
himself carried in an elbow chair, lehind the artillery. 
With tliis mighty apparatus he entered it, and the de- 
struction of a little Indian corn was the great acquisition. 
A brave sachem, then about a hundred years old, was 



* The Onondaga lake, notpd for a pood salt pit at the southeast 
end ; which, as it may be very advantajjooirs to the garrison at Oswe- 
go, it is hoped the governaient \f\\\ never grant to aay private com- 
■paoy. 



History of New- York. 149 

the only person, who tarri(^d in the castle to salute the 
old general. The French Indians put him to torment, 
which he endured with astonishing presence of mind. 
To one who stabbed him with a knife, " you had better, 
says he, make me die by fire, that these French dogs may 
learn how to sui!er like men : you Indians, their allies, 
you dogs of dogs, think of me when you are in the like 
condition."* This sachem was the only man, of all the 
Onondagas, that was killed ; and had not thirty-five 
Oneydoes, who waited to receive Vaudrueil at their 
castles, been afterwards basely carried into captivity, 
the count would have returned without the least mark 
of triumph. As soon as he began his retreat, the Onon- 
dagas followed, and annoyed his army by cutting off 
several battoes. 

This expensive enterprise, and the continual incur- 
sions of the Five Nations, on the country near Montre- 
al, again spread a famine through all Canada. The 
count, however, kept up his spirits to the last ; and sent 
out scalping parties, who infested Albany, as our In- 
dians did Montreal, till the treaty of peace, signed at 
Ryswick, in 1697. 

Richard, earl of Bellamont, was appointed to succeed 
colonel Fletcher, in the year 1695, but did not receive 
his commission till the 18th of .Tune, 1697 ; and as he 
delayed his voyage till after the peace of Ryswick, which 
was signed the 10th of September following, he was 
blown off our coast to Barbadoes, and did not arrive 
here before the 2d of April, 1698. 

* " Never, perhaps, says Charlevoix, -was n mai) treated vilh more 
cruelty, nor did any ever bear it uilh snperiour magnanimity and re- 
solution." 



150 History of New-York, 

During the late war, the seas were extremely infested 
with English pirates, some of whom sailed out of New- 
York ; and it was strongly suspected that they had re- 
ceived too much countenance here, even from the go- 
vernment, during Fletcher's administration. His lord- 
ship's promotion to the chief command of tlie Massachu- 
setts' bay and New-Hampshire, as well as this province, 
was owing partly to his rank, but principally to the af- 
fair of the pirates ; and the multiplicity of business, to 
which the charge of three colonies would necessarily ex- 
pose him, induced the earl to bring over with him John 
Nanfan, his kinsman, in the quality of our lieutenant 
governour.* When lord Bellamont was appointed to 
the government of these provinces, the king did him the 
honour to say, " that he thought him a man of resolu- 
tion and integrity, and with these qualities more likely 
than any other he could think of, to put a stop to the 
growth of pu'acy." 

Before the earl set out for America, he became ac- 
quainted with Robert Livingston, esq ;t who was then 
in England, soliciting his own affairs before the council 
and the treasury. The earl took occasion, in one of his 

* His comniission M'as dated the 1st of July, 1697. 

f This gentleman was a son of Mr. john Livingston, one of the com- 
missioners from Scotland to king Charles II. while he was nn exile at 
Breda. He was a clergyman distinguished by his zeal and industry j 
and, for his opposition to episcopacy, became so obnoxious, after (he re- 
storation, to the English court, that he left Scotland, and took the pas- 
toral charge of an English presbyterian church in Rotterdam. His 
descendants are very numerous in this province, and the family in the 
first rank for their wealth, morals, and education. The original diary, 
in the hand writing of their commoa ancestor, b still among them, an<4 
contains a history of his life. 



History of New-YorJc. 151 

conferences with Mr. Livingston, to mention the scan- 
dal the province was under on account of the pirates. 
The latter, who confessed it was not witlrout reason, 
brouglit the earl acquainted with one Kid, whom he re- 
commended as a man of integrity and courage, that 
knew the pirates and their rendezvous, and would un- 
dertake to apprehend them, if the king would employ 
him in a good sailing frigate of thirty guns and one hun- 
dred and fifty men. The earl laid the proposal before the 
king, who consulted the admiralty upon that subject ; 
but this project dropped, through the uncertainty of the 
adventure, and the French war, which gave full employ- 
ment to all the ships in the navy. Mr. Livingston then 
proposed a private adventure against the pirates, offer- 
ing to be concerned with Kid, a fifth part in the ship 
and charges, and to be boimd for Kid's faithful execu- 
tion of the commission. The king then approved of 
the design, and reserved a tenth share, to show that he 
was concerned in the enterprise. Lord chancellor So- 
mers, the duke of Shrewsbury, the earls of Romney 
and Oxford, sir Edmond Harrison and others, joined in 
the scheme, agreeing to the expense of 6000/. But the 
management of the whole affair was left to lord Bella- 
mont, who gave orders to Kid to pursue his commis- 
sion, which was in common form. Kid sailed from 
Plymouth for New-York, in April, 1696; and after- 
wards turned pirate, burnt his ship, and came to Boston, 
where the earl apprehended him. His lordship wrote 
to the secretaiy of state, desiring that Kid might be 
sent for. The Rochester man of war was dispatched 
upon this service ; but being driven back, a general 
suspicion prevailed in England, that all was co'hi.-jon 
between the niiiiibtry and the adventurers, who, it was 



152 History oj Neiv-York, 

thought, were unwilling Kid should be brought lionie, 
lest he might discover that the chancellor, the duke, 
and others, were confederates in the piracy. I'he 
matter even proceeded to such lengths, that a motion 
was made, in the house of commons, that all who were 
concerned in the adventure might be turned out of their 
employments ; but it was rejected by a great majority. 
The tory party, who excited these clamours, though 
they lost their motion in tlie house, afterwards impeach- 
ed several whig lords ; and, among other articles, charg- 
ed them with being concerned in Kid's piracy. Eut 
these prosecutions served only to brighten the innocen- 
cy of those against whom they w^ere brought ; for the 
impeached lords were honourably acquitted by their 
peers. 

Lord Bellamont's commission was published in coun- 
cil on the day of his arrival ; colonel Fletcher, who 
still remained governour under the proprietors of Penn- 
sylvania, and lieutenant governour IVanfan, being pre- 
sent. The members of the council were, 

Frederick Philipse, William Nicoll, 

Stephen Van Cortlandt, Thomas Wiilet, 
Nicholas Bayard, AVilliam Finhorne, 

Gabriel Mienville, John Lawrence. 

William Smith, 
After the earl had dispatched captain John Schuyler, 
and Dellius, the Dutch minister of xVlbany, to Canada, 
with the account of the peace, and to solicit a mutual 
exchange of prisoners ; he laid before the council the 
letters from secretary Vernon and the East-India com- 
pany, relating to the pirates ; informing that board, 
that he had an affidavit, that Fletcher had permitted 
them to land their spoils in this province, and that Mr. 



History of New-York. 153 

Nicoll bargained for their protections, and received for 
his services 800 Spanish dollars. Nicoll confessed the 
receipt of the money for protections, bat said it was in 
virtue of a late act of assembly, allowing privateers on 
their giving security ; but he denied the receipt of any 
money from known pirates. One Weaver was admit- 
ted, at this time, into the council chamber, and acted in 
the quality of king's council, and in answer to Mr. Ni- 
coll, denied that there was any such act of assembly as 
he mentioned. After considering the whole matter, the 
council advised his excellency to send Fletcher home, 
but to try Nicoll here, because his estate would not 
bear the expense of a trial in England. Their advice 
was never carried into execution, which was probably 
owing to a want of evidence against the parties accused. 
It is, nevertheless, certain that the pirates were frequent- 
ly in the sound, and supplied with provisions by the in- 
habitants of Long Island, who, for many years after- 
wards, were so infatuated with a notion tliat the pirates 
buried great quantites of money . along the coast, that 
there is scarce a point of land, or an island, without the 
marks of their auri sacra fatties^ Some credulous peo- 
ple have ruined themselves by these researches, and 
propagated a thousand idle fables, current to this day, 
among our country farmers. 

As Fletcher, through the whole of his administration, 
had been entirely influenced by the enemies of Leisler ; 
nothing could be more agreeable to the numerous ad- 
herents of that unhappy man, than the earl's disalfec- 
tion to the late governour. It was for this reason they 
immediately devoted themselves to his lordship, as the 
head of their party. 

20 



ij4 History of New- York. 

The majority of the members of tlie council \vert 
Fletcher's friends, and there needed nothiiig more to 
render them obnoxious to his lordship. Leisler's advo- 
cates, at the same time, mortally hated them ; not only 
because they had imbrued tlieir hands in the blood of 
the principal nnen of their pai1y, but also because they 
had engrossed the sole confidence of the late governour, 
and brought down his resentment upon them. Hence, at 
the commencement of the earl's administration, the mem- 
bers of the council had every thing to fear ; while the 
party they had depressed, began once again to erect 
its head under the smiles of a governour, who Avas fond 
of their aid, as they were solicitous to conciliate his fa- 
Tour. Had the earl countenanced the enemies, as well as 
the fiiends of Leisler, which he might have done, his ad- 
ministration would, doubtless, have been easier to him- 
self and advantageous to the province. But his inflex- 
ible aversion to Fletcher prevented his acting with that 
modeiation, which was necessary to enable him to go- 
vern both parties. The fire of his temper appeared very 
early, on his suspending Mr. IN'icoll from the board of 
council, and obliging him to enter into a recognizance 
in 2000/. to answer for his conduct relating to the pro- 
tections. But his speech to the new assembly, conven- 
ed on the 18th of May, gave the fullest evidence of his 
abhorrence of the late administration. Philip French 
\\as (hosen speaker, and waited upon his excellency, 
with the house, when his lordship spoke to them in the 
following manner : 

" I cannot but observe to you what a legacy my pre- 
decessor has left me, and what difliculties to struggle 
with ; a divided people, an empty purse, a few misera- 
ble, naked, half starved soldiers, not half the number the 



History of New-York, 155 

kin^ allowed pay for : Ihe fortifications, and even the 
governoiir's house very much out of repair, and, in a 
word, the whole government out of frame. It liath been 
represented to the governmeiit in England, that this pro- 
vince has been a noted receptacle of pirates, and the 
trade of it under no restriction, but the acts of trade vio- 
lated by the neglect and connivance of those whose du- 
ty it was to have prevented it." 

After this introduction, he puts them in mind that the 
revenue was near expiring. " It would be hard, says he, 
if I that come among you with an honest mind, and a 
resolution to be just to your interest, should meet with 
greater diiliculties, in the discharge of his majesty's 
service, than those that have gone before me. I will 
take care there shall be no misapplication of the publick 
money. I will pocket none of it myself, nor shall there 
be any embezzlement by others ; but exact accounts 
shall be given you, when, and as often, as you shall re- 
c^uire." 

It was customary with Fletcher to be present in the 
field to iniiuence elections ; and as the assembly con- 
sisted, at this time, of but nineteen members, they were 
too easily influenced to serve the private ends of a fac- 
tion. For that reason his lordship was warm in a 
scheme of increasing their number, at present, to thir- 
ty, and so, in ])roportion, as the colony became more 
populous ; and hence we find the following clause in 
his speech : " You cannot but know what abuses have 
been formerly in elections of members to serve in the 
general assembly, which tends to the subversion of your 
liberties. I do, therefore, recommend the making of a 
law to provide against it." 



156 History of Nen-York. 

The house, though unanimous in a hearty address of 
thanks to the governour for his speech, could scarce 
agree upon any thing else. It was not till the beginning of 
June before they had finished the controversies relating 
to the late turbulent elections ; and even then six mem- 
bers seceded from the house, which obliged his excel- 
le.jcy to dissolve the assembly, on the 14th of June, 
1698. About the same time the governour dismissed 
two of the council ; Pinhorne, for disrespectful words 
of the king, and Brook, the receiver general, who was 
also turned out of that office, as well as removed from 
his place on the bench. 

In July the disputes with the French, concerning the 
exchanging of prisoners, obliged his excellency to go 
up to Alban}-. When the earl sent the account of the 
conclusion of the peace to the governour of Canada, all 
the French prisoners, in our custody, were restored, 
and as to those among the Indians, he promised to or- 
der them to be safely escorted to Montreal. His lord- 
ship then added, " I doubt not, sir, that you, on your 
part, will also issue an order to relieve the subjects of 
the king, captivated during the war, whether Christians 
or Indians." 

The coimt, fearful of being drawn into an implicit 
acknowledgment, that the Five Nations were subject to 
the English crown, demanded the French prisoners, 
among tlie Indians, to be brought to Montreal ; threat- 
ening, at the same time, to continue the war against 
the confederates, if they did not comply with his request. 
After the earl's interview with them, he wrote a second 
letter * to the count, informing him that they had im- 

* Charlevoix has published both ^hese letters, at large, together >vitb 



History of New-York. 157 

portunately besfged to continue under the protection 
of the English crown, professing an inviolable subjec- 
tion and fidelity to his iuajesty ; and tliat the Five Na- 
tions were always considered as subjects, which, says 
his lordship, " can be manifested to all the world by 
authentick and solid proofs." His lordship added, that 
he would not suffer them to be insulted, and threatened 
to execute the laws of England upon the missionaries, 
if they continued any longer in the Five Cantons. A 
resolute spirit runs through the whole letter, which con- 
cludes in these words: " if it is necessary, I will arm 
every man in the provinces, luider my government, to 
oppose you ; and redress the injury that you may per- 
petrate against our Indians." The count, in his answer, 
proposed to refer the dispute to the commissaries to be 
appointed according to the treaty of llyswick ;* but 
the earl continued the claim, insisting that the Frencii 
prisoners should be delivered up at Albany. 

The French count dying while this matter was con- 
troverted, monsieur de Callieres, his successour, sent 
ambassadours, the next year, to Onondaga, there to re- 
gulate the exchange of prisoners, which was accomplish- 
ed Avithout the earl's consent ; and thus the important 
point, in dispute, remained unsettled. The Jesuit, Bruy- 
as, who w as upon this embassage, offered to live at On- 



count Frontenac's answer. I have had no opportunity of enquiring in- 
to the Jesuit's integrity, in these transcripts, being unable to find his 
lordship's letters in the secretary's olRce. 

* The count misunderstood the treaty. No provision ivas made b) 
it for commissaries to settle the limits between the English and Frencli 
possessions, but only to examine and determine the controverted rightr^ 
and pretensions to Hudson's Bay. 



158 IiRstory of New-York, 

ondaga ; but the Indians refused his belt, saying that 
Corlear, or the governour of New- York, had ah'eady 
offered them ministers for their instruction. 

Great alterations were made in council, at his excel- 
lency's return from Albany. Bayard, Mienvielle, Wil- 
let, Townley, and Lawrence, were all suspended on the 
28th of September ; and colonel Abraham de P.^yster, 
Robert Livingston, and Samuel Staats, called to that 
board. The next day, Frederick Philipse resigned his 
seat, and Robert Walters was sworn in his stead. 

The new assembly, of which James Graham was cho- 
sen speaker, met in the spring. His excellency spoke 
to them on the 21st of Marcli, 1699. 

As the late assembly was principally composed of 
Anti Leislerians, so this consisted, almost entirely, of 
the opposite party. The elections were attended witii 
great outrage and tumult, and many applications made, 
relating to the returns ; but as Abraham Governeur, 
who had been secretary to Leisler, got retiuned for 
Orange covmty, and was very active in the house,* all 
the petitions were rejected witliout ceremony. 

Among the principal acts, passed at this session, there 
was one for indemnifying those who were excepted out 
of the general pardon in 1691 ; another against pirates ; 
one for the settlement of Milborne's estate ; and anoth- 
er to raise lifteen hundred pounds, as a present to his 
lordship, and five liundred pounds for the lieutenant 
governour, his kinsman. Besides which, the revenue 
was continued for six years longer. A necessary law 
was also made for the regulation of elections, contain- 
ing the substance of the English statutes of 8 Hen. VL 
chap. VIL and the 7 and 8 Will. IIL 

* Mv. Goverueur married Milborne's Avidow. 



History of Neiv-York. ir>9 

lliis assembly took, also, into consideration sundry 
extravagant grants of land, wliicli colonel Fletcher had 
jnade to several of his fiivoinites. Among these, two 
grants to Dellius, the Dutch minister, and one to JMi- 
cholas Bayard, were the most considerable. Dellius 
was one of the commissioners for Intiian affairs, and 
had fraudulently obtained the Indian deeds, accordino- 
to which the palents had been granted. One of the 
grants included all the lands within twelve miles on the 
cast side of Hudson's rivei7 and extended twenty miles 
in length, from the north bounds of Saraghtoga. The 
second patent^ which was granted to him, in company 
with Pinhorne, Bancker, and otliers, contained all the 
lands within two uiiles on each side of the Mohawks 
river, and along its banks to the extent of fifty miles. 
Bayard's grant w-as also for lands in tliat country, and 
very extravagant. Lord Bellamont, who justly thought 
these great patents, with the trifling annual reservation 
of a few skins, would impede the settlement of the coun- 
try, as well as alienate the affections of our Indian al- 
lies, wisely procured recommendatory instructions from 
the lords justices, for vacating those palents, wiiich was 
now regularly accomplished by a law, and Dellius there- 
by suspended from his ministerial function. 

The earl having thus carried all his points at New- 
York, set out for Boston in .June, where, after he had 
settled his salary, and apprehended the pirate Kid, he 
returned here again in the flill. 

The revenue being settled for six years, ills lordship 
had no occasion to meet the assem]>ly till the summer of 
the year 1700, and then indeed little else was don^ 
than to pass a few laws. One for hanging every popish 
prieijt, that came voluntarily into the province, wliich 



160 History of New- York. 

was occasioned by the great number of French Jesuits, 
who were continually practising upon our Indians. By 
another, provision was made for erecting a fort in the 
country of the Onondagas ; but as this was repealed a few 
months after, the king's providing for that purpose, so 
the former continues, as it for ever ought, in full force, 
to this day. 

The earl was a man of art and polite manners, and be- 
ing a mortal enemy to the Frencli, as well as a lover of 
liberty, he would doubtless have been of considerable 
service to the colony ; but he died here on the 5th of 
IVlarch, in 1701, when he was but just become acquaint- 
ed with the colony. 

The earl of Bellamont's death was the source of new 
troubles, for Nanfan, the lieutenant governour, being 
then absent in Barbadoes, high disputes arose among 
the counsellors, concerning the exercise of the powers of 
government. Abraham de Peyster, Samuel Staats, Rob- 
ert Walters, and Thomas AVeaver, who sided with the 
party that adhered to Leisler, insisted that the govern- 
ment was devolved upon the council, who had a right 
to act by a majority of voices ; but colonel Smitti con- 
tended that all the powers of the late governour were 
devolved upon him, as president, he being the eldest 
member of that board. Colonel Schuyler and Robert 
Livingston, who did not arrive in town till the 21st of 
March, joined Mr. Smith, and refused to appear at the 
council board, till near the middle of April. The as- 
sembly, which was convened on the 2d of that month, 
were in equal perplexity, for they adjourned from day 
to day, waiting the issue of this rupture. Both parties 
continuing inflexible, those members, who opposed col- 
onel Smith, sent clown to the house a representation of 



History of New- York, 1^1 

ihe controversy, assigning a number of reasons for the 
sitting of the assembly, which the house took into tlitir 
consideration, and, on the 16th of Apiil, resolved lliat 
the execution of the earl's commission and instructions, 
in the absence of the lieutenant governour, was the 
right of the council by majority of voices, and not of 
any single member of that board ; and this was after- 
wards the opinion of the lords of trade. Tlie disputes, 
nevertheless, continuing in the council, strenuously sup- 
ported by Mr. Livingston, the house, on the 19th of 
April, thought proper to adjourn themselves to the first 
Tuesday in .Tune. 

In this interval, on the 19th of May, John Nanfan, the 
lieutenant governour, arrived, and settled the contro- 
vei'sy, by taking upon himself the supreme command. 

Upon Mr. Nanfan's arrival, we had the agreeable 
news that the king had given two thousand pounds 
sterling, for the defence of Albany and Schenectady, as 
well as five hundred pounds more for erecting a fort in 
the country of the Onondagas. And not long after, an 
ordinance was issued, agreeable to the special direction 
of the lords of trade, for erecting a court of chancery, 
to sit the first Thursday in every month. By this ordi- 
nance the powers of the chancellor were vested in the 
governour and council, or any two of that board : com- 
missions Avere also granted appointing masters, clerks, 
and a register : so that this court was completely or- 
ganized on the 2d of September, 1701. 

Atwood, who w as then chief justice of the supreme 
court, was now sworn of the council. Abraham de 
Peyster and Robert Walters were his assistants on the 
bench ; and the former was also made deputy auditor 
feneral, under Mr. Blaithwait. Sampson Sheiton 



162 History of New-York. 

Broughton was the attorney general, and came int6 
that office when Atwood took his seat on th.e bench, be- 
fore the decease of lord Bellamont. Both tiiese had 
their commissions from England. The lieutenant go- 
vernour, and the major pail of the board of council, to- 
gether with the several officers above named, being 
strongly in the interest of the Leislerian party, it was 
not a little surprising that Mr. Nanfan dissolved the 
late assembly on the 1st of June last. 

Great were the struggles at the ensuing elections, 
which, however, generally prevailed in favour of those, 
who joined Leisler at the revolution ; and hence, when 
the new assembly met, on the 19th of August, 1701, 
Abraham Governeur was elected for their speaker. 
Dutchess was thought heretofore incapable of bearing 
the charge of a representation ; but the people of that 
county, now animated by the heat of the times, sent .Ja- 
cob Rutsen and Adrian Garretsen to represent them in 
assembly. 

Mr. Nanfan, in his speech to the house, informs them 
of the memorable grant made to tlie crown, on the 19th 
of July, by the Five Nations, of a vast tract of land, to 
prevent the necessity of their submitting to the French 
in case of a war ; that his majesty had given out of his 
exchequer two thousand five hundred pounds sterling 
for forts, and eight hundred pounds to be laid out in 
presents to the Indians ; and that he had also settled a 
salary of three hundred pounds on a chief justice, and 
one hundred and fifty pounds on the attorney general,, 
who were both now arrived here. 

The fire of contention, which liad lately appeared in 
the tumultuous elections, blazed out afresh in the house. 
NicoU, the late counsellor, got hmiself elected for Suf- 



History of New- York, 163 

folk, and was in hopes of being seated in the chair : 
but Abraliam Governeur was cliosen speaker. Several 
members contended that he, being an alien, was im- 
qualified for that station. To this it was answered, 
that he was in the province in the year 1683, at the 
time of passing an act to naturalize all the free inhabi- 
tants, professing the Christian religion ; and tliat, for 
this reason, the same objection against him had been 
overruled at the last assembly. In return for this at- 
tack, Governeur disputed Nicoll's right of sitting as a 
member of that house ; and succeeded in a resolve tiiat 
he and Mr. Wessels, who had been returned for Alba- 
ny, were both unqualified according to the late act, 
they being neither of them residents in the respective 
counties for which they w^ere chosen. This occasioned 
an imprudent secession of seven members, who had 
joined the interest of Mr. NicoU ; which gave their ad- 
versaries an opportimity to expel them, and introduce 
others in their steacL 

Among the first opposers of captain Leisler, none was 
more considerable than Mr. Livingston. The measures 
of the convention at Albany were very much directed 
by his advice ; and he was peculiarly obnoxious to his 
adversaries, because he was a man. of sense and resolu- 
tion, two qualifications rarely to be found united in one 
person at that day. Mr. Livingston's intimacy with 
the late earl, had, till tliis time, been his defence 
against the rage of the party which he had formerly op-i 
posed : but as that lord was now dead, and Mr. Living- 
ston's conduct in council, in favour of colonel Smith, 
had given fresh provocation to his enemies, they Avere 
fully bent upon his destruction. It was in execution of 
this scheme, that, as soon as the disputed elections were 



364 Hislwy of New- York. 

over, the house proceeded to examine the stale of the- 
publick accounts, which they partly began at the late 
assembly. 

The pretence was that he refused to account for the 
pui.'lick monies, lie had formerly received out of the 
excise ; upon which a committee of both houses ad- 
Tised the passing a bill to confiscate his estate, unless he 
agreed to account by a certain day. But instead of 
this an act was after\^ards passed to oblige him to ac- 
count for a sum amounting to near eighteen thousand 
pounds. While this matter was transacting, a new com- 
plaint was forged, and he was summoned before another 
committee of both houses, relating to his procuring the 
Five iXations to signify their desire that he should be 
sent home to solicit their affairs. 'Jlie criminality of 
this charge can be seen only through the partial optics 
•with which his enemies then scanned his behaviour. 
Besides, there was no evidence to support it, and, there- 
fore, the committee required him to purge himself by 
his own oath. Mr. Livingston, who was better acquaint- 
ed with English law and liberty, than to countenance a 
practice so odious, rejected the insolent demand with 
disdain ; upon which the house, by advice of the com- 
mittee, addressed the lieutenant governour, to pray his 
majesty to remove him from his office of secretary of 
Indian affairs, and that the governour, in the mean 
time, w ould suspend him from the exercise of his com- 
mission.* 

It was at this favourable conjuncture that Jacob Leis- 
ler's petition to the king, and his majesty's letter to the 

* Mr. Liviuo:ston's reason for not accounting was truly unanswera- 
ble ; his books and vouchers were taken into the hands of governments 
and detained from Mm. 



History of New- York. 1 65 

late earl of Bellamont, were laid before the assembly. 
Leisler, displeased witli the report of the lords of trade, 
that his father and his brother, iVIilborne, had suffered ac- 
cording to law, laid his case before the parliament, and 
obtained an act to reverse the attainder. After which, 
he applied to the king, complaining that his father had 
disbursed about foui* thousand poioids in purchasing 
arms, and forwarding the revolution ; in consequence 
of which he procured the following letter to lord Bella- 
mont, dated at Whitehall, the 6th of February, \^^. 
" My Lord, 
" The iving being moved upon the petition of Mr. .Jacob 
Leisler, and having a gracious sense of his father's ser- 
Tices and sutTerings, and the ill circumstances the peti- 
tioner is thereby reduced to, his majesty is pleased to 
direct that the same be transmitted to your lordship, 
and that you recommend his case to the general assem- 
bly of New- York, being the only place where he can 
be relieved, and the prayer of his petition complied 
with. I am, 

" My lord, your lordship's 

" Most obedient humble seiTant, 

" Jersey." 
As soon as this letter and the petition were brought 
into the house, a thousand pounds w re ordered to be 
levied for the benefit of Mr. Leisler, as well as several 
sums for other persons, by a bill for paying the debts of 
the government; which, nevertheless, did not pass into a 
law till the next sessions. Every thing that was done at this 
meeting of the assembly, which continued till the loth 
of October, was under the influence of a paily spirit ; 
and nothing can be a fuller evidence of it, than an in- 
correct, impertinent address to his majesty, which was 



16G History of New-York, 

drawn up by the house, at the close of the session, and 
signed by fourteen of the members. It contains a te- 
dious narrative of theii' proceedings, relating to the dis- 
puted elections, and concludes with a little incense, to 
reojale some of the then principal agents in the publick 
affairs, in these words : 

" This necessary account of ourselves and our un- 
happy divisions, which we hope the moderation of our 
lieutenant governour, the wisdom and prudence of 
William Atwood, esq. our chief justice, and Thomas 
Weaver, esq. your majesty's collector and receiver ge- 
neral, might have healed, we lay before your majesty, 
with all humility, and deep sense of your majesty's 
goodness to us, lately expressed in sending over so ex- 
cellent a person to be our cliief justice." 

The news of the king's having appointed lord Corn- 
bury to succeed the earl of Bellamont, so strongly ani- 
mated the hopes of the Anti Leislerian party, that about 
the commencement of the year 1702, Nicholas Bayard 
promoted several addresses to the king, the parliament, 
and lord Cornbury, which were subscribed at a tavern 
kept by one Hutchins, an alderman of the city of New- 
York. In that to his majesty, they assure him, "that the 
late differences were not grounded on a regard to his 
interest, but the corrupt designs of those who laid hold 
on an opportunity to enrich themselves by the spoils of 
their neighbours." The petition to the parliament says, 
that Leisler and his adherents gained the fort at the revo- 
lution without any opposition ; that he oppressed and 
imprisoned the people without cause, plundered them of 
their goods, and compelled them to flee their country, 
though they were well affected to the prince of Orange. 
That the earl of Bellamont appointed indigent sheriffs. 



History of New-York, 167 

who returned such members to the assembly as were 
unduljy' elected, and in his lordship's esteem. That he 
suspended many from the board of council, who were 
faithful servants to \\\e crown, introducing his own tools 
in their stead. Nay, they denied the authority of the 
late assembly, and added, that the house had bribed 
both the lieutenant governour and the chief justice ; the 
one to pass their bills, and the other to defend the le- 
gality of their proceedings. A third address was pre- 
pared, to be presented to lord Cornbury, to congra- 
tulate his arrival, as well to prepossess him in their 
favour, as to prejudice him against the opposite party. 

Nothing could have a more natural tendency to ex- 
cite the wrath of the lieutenant governour, and the re- 
venge of the council and assembly, than the reflections 
contained in those several addresses. Nanfan had no 
sooner received intelligence of them, than he summon- 
ed Hutctiins to deliver them up to him, and, upon his 
refusal, committed him to jail on the 1 9th of January. 
The next day Nicholas Bayard, Rip Van Dam, Philip 
French, and Thomas Wenham, hot with party zeal, 
sent an imprudent address to the lieutenant governour, 
boldly justifying the legality of tlie address, and de- 
manding his discharge out of custody. I have l)efore 
taken notice, that upon Sloughter's arrival in 1691, an 
act was passed to recognize the right of king William 
and queen Mary to the sovereignty of this province. 
At the end of that law a clause was added in these 
words, " That whatsoever person or persons shall by 
any manner of ways, or upon any pretence whatso- 
ever, endeavour, by force of arms, or otherwise, to 
disturb the peace, good, and quiet of their majesties' 
government, as it is now established, shall be deemed 



168 History of Neiv-YorJc. 

and esteemed as rebels and traitors unto their majesties^ 
and incur the pains, penalties, and forfeitures, as tlie 
laws of England have for such offences made and pro- 
vided." Under the pretext of this law, which Bajard 
himself had been personally concerned in enacting, Mr. 
Nanfan issued a warrant for committini]i; hiai to jail as 
a traitor, on the 21 st of .lanuary ; and, lest the mob 
should interpose, a company of soldiers, for a \A'eek af- 
ter, constantly guarded the prison. 

Through the uncertainty of the tinie of lord Cornbu- 
ry's arrival, Mr. IVanfan chose to bring the prisoner to 
his trial as soon as possible ; and for that purpose issu- 
ed a commission of oyer and terminer, on the 12th of 
February, to William Atwood, the chief justice, and 
Abraham de Peyster and Robert Walters, who were 
the puisne judges of the supreme court ; and, not long 
after. Bayard was arraigned, indicted, tried and con- 
victed of high treason. Several reasons were afterwards 
offered in arrest of judgment ; but as the prisoner was 
unfortunately in the hands of an enraged party, Atwood 
overruled what was offered, and condemned him to 
death on the 16th of March. As the process of his trial 
has been long since printed in the state trials at large, 
I leave the reader to his own remarks upon the conduct 
of the judges, who are generally accused of partiality. 

Bayard applied to Mr. IVanfan for a reprieve, till his 
majesty's pleasure might be known ; and obtained it, 
not without great difficulty, nor till after a seeming 
confession of guilt was extorted. Hutchins, who uas 
also convicted, was bailed upon the payment of forty 
pieces of eight to the sheriff: but Bayard, who refused 
to procure him the gift of a farm, of about fifteen hun- 
dred pounds value, was not released from hig confine- 



History of New- York* 169 

ment till after the arrival of lord Cornbury, who not 
only gave his consent to an act for reversing the late at- 
tainders, but procured the queen's confirmation of it, 
upon their giving security, according to the advice of 
sir Edward Northey, not to bring any suits against 
tliose who were concerned in their prosecution ; which 
the attorney general thought proper, as the act ordain- 
ed all the proceedings to be obliterated. 

After these trials, Nanfan erected a court of exche- 
quer, and again convened the assembly, who thanked 
him for his late measures, and passed an act to outlaw 
Philip French and Thomas Wenham, who absconded 
upon Bayard's commitment ; another to augment the 
number of representatives, and several others, which 
were, all but one, afterwards repealed by queen Anne. 
During this session, lord Cornbury being daily expect- 
ed, the lieutenant gov ernour suspended Mr. Livingston 
from his seat in council, and thus continued to abet 
Leister's party to the end of his administration. 

Lord Cornbury's arrival quite opened a new scene. 
His father, the earl of Clarendon, adhered to the cause 
of the late abdicated king, and always refused the oaths 
both to king William and queen Anne. But the son 
recommended himself, at the revolution, by appearing 
very early for the prince of Orange, being one of the 
first officers that deserted king James' army. King 
AVilliam, in gratitude for his services, gave him a com- 
mission for this government, which, upon the death of 
the king, was renewed by queen Anne, who, at the 
same time, appointed him to the chief command of 
New-.Tersey, the government of which the proprietors 
had lately surrendered into her hands. As lord Corn- 
bury came to this province in very indigent circum- 
stances, hunted out of England by a host of hungry credi- 

22 



J170 Uislory of Nov- York. 

tors, he was bent upon getting as much money as lie 
could squeeze out of the purses of an impoverished 
people. His talents were, perliaps, not superior to 
the most inconsiderable of his predecessors ; but in his 
zeal for the church he was surpassed by none. With 
these bright qualifications he began his administration, 
on the 3d of May, 1702, assisted by a council consist- 
ing of the following members : 

William Atwood, Thomas Weaver, 
William Smith, Sampson Shelton Broughton, 

Peter Schuyler, Wolfgang William Romar, 

Ab'm de Peyster, William Lawrence, 
Samuel Staats, Gerardus Beekman, 

Robert Walters^ Rip Van Dam. 

His lordship, without the least disguise, espousing the 
Anti Leislerian faction, Atwood, the chief justice, and 
Weaver, who acted in quality of solicitor general, 
thought proper to retire from his frowns to Virginia, 
whence they sailed to England : the former concealing 
himself under the name of Jones, while the latter call- 
ed himself Jackson. Colonel Heathcote and doctor 
Bridges succeeded in their places at the council board. 

The following summer was remarkable for an uncom- 
mon mortality, which prevailed in the city of New- 
York, and makes a grand epoch among our inhabitants, 
distinguished by the " time of the great sickness."* On 
this occasion lord Cornbury had his residence and court 
at Jamaica, a pleasent village on Long Island, distant 
about twelve miles from the city. 



* The fever killed almost every patient seized with it, and was 
brought here in a vessel from St. Thomas, iu the West Indies, an island 
Kmaikabk for contagious diseases. 



History of Ncrv-YorJc. 171 

The inhabitants of Jamaica consisted, at tliat time, 
pailly of ori2:inai Dutch planters, but mostly of New- 
Engiand emigrants, encouraged to settle there, after 
the surrender, by the duke of York's conditions fo^ 
plantations, one of which was in these words : " that eve- 
ry township should be obliged to pay their own minis- 
ters, according to such agreements as they should make 
with him ; the minister being elected by the major part 
of the householders and inhabitants of the town.'* These 
people had erected an edifice for the worship of God, 
and enjoyed a handsome donation of a parsonage house 
and glebe, for the use of their minister. After the min- 
istry act was passed, by colonel Fletcher, in 1693, a few 
episcopalians crept into the town, and vieAved the pres- 
byterian church with a jealous eye. The town vote, in 
virtue of which the building had been erected, contain- 
ed no clause to prevent its being hereafter engrossed 
by any other sect. The episcopal party, who knew 
this, formed a design of seizing the edifice for them- 
selves, which they shortly after carried into execution, 
by entering the church l^etween the morning and eve- 
ning service, while the presbyterian minister and his 
congregation were in perfect security, unsuspicious of 
the zeal of their adversaries, and a fraudulent ejectnient, 
on a day consecrated to sacred rest. 

Great outrage ensued among the people, for the con- 
tention being 2^^o f^^'*-^ ^^ foci's^ was animating and im- 
portant. The original proprietors of the house tore up 
their seats, and afterwards got the key and possession 
of the church, which were shortly after again taken 
from them by force and violence. In these controver- 
sies the governour abetted the episcopal zealots, and iiar^ 
rassed the others by numberless prosecutions, heavy 



J 72 History of New-York. 

fines, and long imprisonments ; through fear of which 
many, who had been active in the dispute, fled out of 
the province. Lord Cornbury's noble descent and edu- 
cation should have prevented him from taking part in 
so ignominious a quarrel ; but his lordship's sense of 
honour and Justice was as weak and indelicate, as his 
bigotry was rampant and uncontroulable : and hence 
we find him guilty of an act complicated of a number of 
vices, which no man could have perpetrated with( ut 
violence to the very slightest remains of generosity and 
justice. When his excellency retired to .Tamaica, one 
Hubbard, the presbyterian minister, lived in the best 
house in the town. His lordship begged the loan of it 
for the use of his own family, and the clergyman put 
himself to no small inconvenience to favour the go- 
vernour's request; but in return for the generous bene- 
faction, his lordship perfidiously delivered the parson- 
age house into the hands of the episcopal party, and en- 
couraged one Cardwel, the sheriff, a mean fellow, who 
afterwards put an end to his ow n life, to seize upon the 
glebe, which he surveyed into lots, and farmed for the 
benefit of the episcopal church. These tyrannical mea- 
sures justly inflamed the indignation of the injured suf- 
ferers, and that again the more embittered his lordship 
against them. They resented, and he prosecuted : nor 
did he confine his pious rage to the people of .Jamaica. 
He detested all who were of the same denomination ; 
nay, averse to every sect except his own, he insisted 
that neither the ministers nor schoolmasters of the 
Dutch, the most numerous persuasion in the province, 
had a right to preach or instruct w ithout his guberna- 
torial licence ; and som.e of them tamely submitted to 
5iis authoritative rule. A general accomit of his lord- 



Hisiory of New-York, 173 

ship's sin<>;ular zeal, is preserved under the title of the 
Watcii Tower, in a number of papers published in the 
New-York Weekly Mercury, for the year 1755. 

While his excellency was exerting his bigotry, diu'- 
ing the summer season, at Jamaica ; the elections were 
carrying on, with great heat, for an assembly, which 
met him, at that village, in the fall. It consisted prin- 
cipally of the party which had been borne down by 
the earl of Bellamont and his kinsman ; and hence we 
find Piiillp French, wdio had lately been outlawed, was 
returned a representative for New-York, and William 
.Nicoll elected into the speaker's chair. Several ex- 
tracts from my lord's speech are proper to be laid be- 
fore the reader, as a specimen of his temper and designs. 
" It was an extreme surprise to me (says his lordship) 
to find this province, at my landing at New- York, in 
such a convulsion as must have unavoidably occasioned 
its ruin, if it had been suffered to go on a little longer. 
The many complaints that were brought to me, against 
the persons I found here in poAver, sufficiently proved 
against them ; and the miserable accounts I had of the 
condition of our frontiers, made me think it conven- 
ient to delay my meeting you in general assembly, till 
I could inform myself, in some measure, of the condi- 
tion of this province, that I might be able to offer to 
your consideration, some few of those things, which v\ill 
be necessary to be done forthwith, for the defence of 
the country." 

He then recommends their fortifying the port of New- 
York, and the frontiers : adding that he found the soldiers 
naked and unarmed : after which, he proposes a militia 
bill, the erection of publick schools, and an examination 
of the provincial debts and accounts ; and not only 
promises to make a faithful application of the monies to 



174 History of Nav-York. 

be raised, but that he would render them an account. 
The whole speech is sweetened with this gracious con- 
clusion : " now, gentlemen, I have no more to trouble 
, you with, but to assure you, in the name of the great 
queen of England, my mistress, that you may safely de- 
pend upon all the protection that good and faithful sub- 
jects can desire or expect, from a sovereign whose great- 
est delight is the welfare of her people, under whose 
auspicious reign we are sure to enjoy what no nation in 
the world dares claim but the subjects of England ; I 
mean, the free enjoyment of the best religion in the 
^orld, the full possession of all lawful liberty, and the 
imdistiu'bed enjoyment of our freeholds and properties. 
These are some, of the many, benefits which I take the 
inhabitants of this province to be well entitled to by the 
laws of England ; and I am glad of this opportunity to 
assure you, that as long as I have the honour to 
serve the queen in the government of this province, 
those laws shall be put in execution, according to 
the intent with which they were made ; that is, for 
the preservation and protection of the people, and not 
for their oppression. I heartily rejoice to see that 
the free choice of the people has fallen upon gentlemen, 
whose constant fidelity to the crown, and unwearied ap- 
plication to the good of their country, is so universally 
known." 

The house echoed back an address of high compli- 
ment to his lordship, declaring, " that being deeply sen- 
sible of the misery and calamity the country lay under 
at his arrival, they were not sufficiently able to express 
the satisfaction they had, both in their relief and their 
deliverer." 



Hislory of Nov- York, 175 

Well pleased with a governour who headed their par- 
ty, the assembly granted hiin all his request ; eigiiteeii 
hundred pounds were raised for the support of one hun- 
dred and eighty men, to defend the frontiers, besides 
two thousand pounds more, as a present towards defray- 
ing the expenses of his voyage. The queen, by her let- 
ter of the 201h of April, in the next year, forbid any such 
donations for the future. It is observable, that though 
the county of Dutchess had no representatives at this as- 
sembly, yet such was then the known indigence of that 
now populous and flovuishing county, that but eighteen 
pounds were apportioned for their quota of these le- 
vies. 

Besides the acts above mentioned, the house brought 
up a militia bill, and continued the revenue to the 1st 
of May, 1709 ; and a law passed to establish a grammar 
shool, according to his lordship's recommendation. Be- 
sides the great harmony that subsisted between the go- 
vernoiu' and his assembly, there was nothing remarkable 
except two resolves against the court of chancery erect- 
ed by Mr. Nanfan, occasioned by a petition of several 
disappointed suitors, who were displeased with a decree. 
The resolutions were in these words : " that the setting 
up a court of equity in this colony, without consent of 
general assembly, is an innovation without any former 
precedent, inconvenient and contrary to the English 
law." And again : " that the court of chancery, as late- 
ly erected, and managed here, was and is unwarranta^ 
ble, a great oppression to the subject, of pernicious ex- 
ample and consequence ; that all proceedings, orders, 
and decrees in the same, are, and of right ought to be, 
declared null and void ; and that a bill be brouglit in, 
according to these two resolutions," which was done : 



176 History of New- York. 

but though his lordship was by no means disinclined to 
fix contempt on Nanfan's administiation, yet as this bill 
would diminish his own power, liimself being the chan- 
cellor, the matter was never moved farther, than to tiie 
order for the engrossment of the bill upon the second 
reading. 

Though a vv ar was proclaimed by England, on the 4th 
of May, 1702, against France and Spain, yet as the Five 
Nations had entered into a treaty of neutrality with the 
French in Canada, this province, instead of being har- 
rassed on its borders by the enemy, carried on a trade 
very advantageous to all those who were concerned in 
it. The governour, however, continued his solicitations 
for money, with unremitted importunity, and by alarm- 
ing the assembly, which met in April, 1703, with his 
expectation of an attack by sea, fifteen hundred pounds 
were raised, under pretence of erecting two batteries 
at the Narrows ; which instead of being employed for 
that use, his lordship, notwithstanding the province had 
expended twenty two thousand pounds during the late 
peace, was pleased to appropriate to his private advan- 
tage. But let us do him the justice to confess, that 
while he was robbing the pubiick, he at the same time 
consented to several other laws for the emolument of 
the clergy. 

Whether it was owing to the extraordinary sagacity 
of the house, or their presumption tliat his lordship was 
as little to be trusted as any of liis predecessors, that, af- 
ter voting the above sum for the batteries, they added, 
that it should be " for no other use whatsoever," I 
leave the reader to determine. It is certain they now 
began to see the danger of tlirow iiig the pubiick money 
into the hands of a receiver geneial appointed by the 



Hlslory of New-York, Hi 

crown, froln whence the governour, by his wan-ants* 
niii>;ht draw it at his pleasure. To this cause we must 
assign it, that in an address to his lordship, on the 19th of 
June, 1 703, they " desire and insist, that some proper 
and sufficient person might be commissioned treasur- 
er, for the receiving and paying such monies now intend- 
ed to be raised for the publick use, as a means to ob- 
struct misapplications for the future." Another address 
was sent home to the queen, complaining of the ill state of 
the revenue, through the frauds whiclihad formerly been 
committed, the better to facilitate the important design 
of having a treasurer dependent on the assembly. The 
success of these measures will appear in the sequeL 

Though our frontiers enjoyed the profoundest tran- 
cpiility all the next winter, and we had expended thir- 
teen hundred pounds in supporting one hundred fuzileers 
about Albany, besides the four independent companies 
in the pay of the crown, yet his excellency demanded 
provisions for one hundred and fifty men, at the next 
meeting of the assembly, in April, 1704. The house 
having reason to suspect tliat the several sums of eigh- 
teen and thirteen hundred pounds, lately raised for the 
publick service, had been prodigally expended or em- 
bezzled, prudently declined any farther aids, till they 
were satisfied that no misapplication had been made. 
For this pui-pose they appointed a committee, who re- 
ported that there was a balance of near a thousand 
pounds due to the colony. His lordship, who had 
hitherto been treated with great complaisance, took of- 
fence at this parsimonious scrutiny, and ordered the as- 
sembly to attend him ; when, after the example of 
Fletcher, whom, abating that man's superior activity, 
his lordtehip mostly resembled, he made au angry speech, 

23 



J 78 Histcyi-y of New-York. 

in which he charges them with innovations never at- 
tempted by their predecessors, and hopes they would 
not force liim to exert " certain powers" vested in him 
by the queen. But what he more particularly took no- 
tice of, was their insisting in several late bills, upon the 
title of " general assembly," and a saving of the " rights 
of the house," in a resolve agreeing to an amendment 
for preventing delay ; with respect to which his 
lordship has these words : " I know of no right that 
you have as an assembly, but such as the queen i.: 
pleased to allow you." As to the vote, by which they 
found a balance due to the colony, of nine hundred 
and thirteen pounds, fifteen shillings, " it is true (says 
his lordship) the queen is pleased to command me, in 
her instructions, to permit the asseml)ly, from time to 
time, to view and examine the accounts of money, or 
value of money, disposed by virtue of the laws made by 
them ; but you can in no wise meddle with that mo- 
ney ; but if you find any misapplication of any of that 
money, you ought to acquaint me with it, that I ma}' 
take care to see those mistakes rectified, which 1 shall 
certainly do." 

The house bore these rebukes with the utmost pas- 
siveness, contenting tliemselves with little else than a 
general complaint of the deficiency of the revenue, 
which became the subject of their particular considera- 
tion in the fall. The governour, on the one hand, then 
proposed an additional duty of ten per cent, on certain 
goods, not immediately imported from Europe, to wliich 
the assembly, on tlie other, were utterly aveise, and as 
soon as they resolved against it, the very printer, clerk, 
and doorkeeper, were denied the payment of tlieir sala- 
ries. Several other demands being made for the publick 



History of New-York, 170 

debts, the house resolved to address his lordship for an 
exact account of the revenue, which, together with their 
refusal to admit the counciFs amendment to a money 
bill, gave him such high provocation, that he was in- 
duced to dissolve an assembly, whose prodigal liberali- 
ty had justly exposed them to the resentmant of the 
people. The new assembly, which met on the 14th of 
June, 1705, neglected the afiair of the revenue and the ad- 
ditional duty, though his lordship strongly recommend- 
ed them both. Among the principal acts passed at this 
meeting, is that for the benefit of the clergy, who were 
erititled to the salaries formerly established by colonel 
Fletcher ; whicl), though less ttian his lordship recom- 
mended, was doubtless a grateful offering to his unceas- 
iiig zeal for the church, manifested in a part of his 
speecii at the opening of the session, in these words : 
" The diliiculties which some very worthy ministers of 
the chinch of England have met with, in getting the 
maintenance settled upon them, by an act of the general 
assem])ly of this province, passed in the year 1693, 
moves me to propose to you the passing an act explanato- 
ry of the forementioned act, that those worthy good men, 
v/ho have ventured to come so far for the service of 
God in his church, and the good and edification of the 
people, to the salvation of their souls, may not, for the 
future, be vexed, as some of them have been ; but may 
enjoy, in quiet, that maintenance, which was by law 
provided for them.* I fluther recommend to you the 
passing an act to provide for the maintenance of some 



* The majority of our people are of a contrary opinion, if my lord 
thought the establishment was designed ouly for the episcopal clergy. 



180 Hisl(yry of New-York, 

ministers in some of the towns at the east end of Lonsr 
Island, where I don't find any provision has been yet 
made for propagating religion." 

Our harbour being wholly unfortified, a French pri- 
vateer actually entered it in 1705, and put Ihe inhabit 
tants in great consternation. The asseinbly, at their 
session in .Tune, the next year, were not disinclined, 
through the importunity of the people, to put the city 
in a better posture of defence for the future ; but be^ 
ing fully convinced, by his lordship's embezzlement 
of 1,500/. formerly raised for two batteries at the IN ar- 
rows, and near 1000/. levied for the protection of the 
frontiers, that he was no more to be trusted vvith pub- 
lick monies, offered a bill for raising 3000/. for fortifi- 
cations, appointing that sum to be deposited in the 
hands of a private person of their own nomination ; but 
his excellency did not pass it till their next meeting in 
the fall, when he informed them that he had received 
the queen's commands, " to permit the general assem- 
bly to name their own treasurer, when tiiey raised ex- 
traordinary supplies for particular uses, and which are 
no part of the standing and constant revenue ; the trea- 
surer being accountable to the three branches of the 
legislature, and the governour always acquainted with 
the occasion of issuing such warrants." 

His lordship's renewing the proposal of raising forti- 
fications at the Narrows, which he had himself hitherto 
scandalously prevented, is a proof of his excessive ef- 
frontery and contempt of the people ; and the neglect 
pf the house, to take the least notice, either of tiiat 
jnatter, or the revenue, occasioned another dissolution. 

Before J proceed to the transactions of the new as- 
■gpmbly, which did not meet till the year 1708, it will 



^ History of New-YorJc. t81 

not be improper to lay before the reader the account 
of a memorable proof of that persecuting spirit which 
infiiienced lord Cornbury's whole administration. 

The inhabitants of the city of New- York consisted, 
at thih time, of Dutch Calvinists, upon the plan of the 
churcli of H«)lland ; French refugees, on the Geneva 
model ; a few English episcopalians ; and a still small- 
er number of English and Irish presbyterians ; who, 
having neither a minister nor a church, used to assem- 
ble themselves, every Sunda}', at a private house, for 
the worship of God. Such were their circumstances, 
when Francis M'Kemie and .Tohn Hampton, two pres- 
byterian ministers, arrived here in January, 1707. As 
soon as lord Cornbury, who haled the whole persua- 
sion, heard that the Dutch had consented to M'Kemie's 
preacliing in their church, he arbitrarily forbid it ; so 
that the pubiick worship, on the next sabbath, was per- 
ftirmed, with open doors, at a private house. Mr. 
Hampton preached, the same day, at the presbyterian 
church, in Newtown, distant a few miles from the city. 
At that village both these ministers were, two or three 
days after, apprehended, by Cardwel, the sheriff, pur- 
suant to his lordship's warrant, for preaching without 
his license. From hence they were led in triumph a 
circuit of several miles through Jamaica to New-York. 
They appeared before his lordship with an undaunted 
courage, and had a conference with him, in which it is 
difficult to determine, whether my lord excelled in th^ 
character of a savage bigot, or an ill mannerly tyrant. 
The ministers were no lawyers, or they would not have 
founded their justification on the supposed extent of 
the English act of toleration. They knew not that the 
ecclesiastical statutes had no relation to this colony ; 



182 History of New-York. 

and that its religious state consisted in a perfect parity 
between protestants of all denominations. They erro- 
neously supposed that all the penal laws extended to 
thijj province, and relied, for their defence, on the tole- 
ration, offering testimonials of tiieir having complied 
with the act of parliament in Virginia and Maryland, 
and promised to certify the house, in which M'Kemie 
had preached, the next sessions. His lordship's dis- 
course with them was the more ridiculous, because he 
bad Bickley, the attorney general, to assist him. 
Against the extension of the statute they insisted that 
the penal laws were limited to England, and so also the 
toleration act, because the sole intent of it was to take 
away the penalties formerly established. But grant the 
position, and one consequence they drew from it ar-- 
gues that my lord and Mr. attorney were either very 
weak, or influenced by evil designs. If the penal laws 
did not extend to the plantations, then the prisoners 
were innocent ; for where there is no law, tliere can be 
no transgression ; but according to these incomparable 
sages, if the penal laws and the toleration were restrict- 
ed to the realm of England, as they contended, then 
the poor clergymen, for preaching without his license, 
were guilty of a heinous crime, against his private, un- 
published instructions ; and for this cause he issued an 
informal precept, to the sherifl' of New-York, for their 
commitment to jail, till further orders. They continued 
in confinement, through the absence of Mompesson, 
the chief justice, who was in New-Jersey six weeks and 
four days ; but were then brought before him by writ 
of habeas corpus. Mompesson being a man of learn- 
ing in his profession, and his lordship now apprised of 
the illegality of his first warrant, issued another, on the 



Hisloi'j/ of New-York. ,183 

very day of the test of the writ, in which he virtually 
conlraditts what he had before insisted on, at his con- 
ference with the prisoners. For, accoiding to this, tiiey 
were imprisoned for preacliing without being qualified 
as the toleration act required, though they had ofii^red 
themselves to tlie sessions during their imprisonnjent. 
They were then bailed to tlie next supreme court, 
which began a few days after. Great pains were taken 
to secure a grand jury for the purpose, and among those 
who had found the indictment, to their shame be it re- 
membered, vv'ere several Dutch and French protestants, ' 

JMr. M'Kemie returned to New-York, from Vii'gin- 
ia, in June ; and was now come to his trial on the in- 
dictment found at the last court. As to Mr. Hamp- 
ton, he was discharged, no evidence being oiiered to the 
grand jury against liim. 

Eickley, the attorney general, managed the prosdcu- 
tion in the* name of the queen ; Reignere, JNicoll and 
Jamison, appeared for the defendant. The trial t/as 
held on the bth of June, and being a cause of great ex- 
pectation, a numerous audience attended. Roger iViom- 
pesson sat on the bencli as chief justice,^ v^ith Robei t 
IMilward and Thomas Wenham for his assistants. The 
in'^Hctment was, in substance, that Francis M'Kemie, 
pi'etending himself to be a protestant dissenting minister, 
cor'.temning and endeavouring to subvert the cjueeii's 
ec;clesiastical supremacy, unlawfully preached without 
the governour's license first obtained, in derogation of 
the royal authority and prerogative : that he used other 
rites and ceremonies, than those contained in the com- 
mon prayer book. And, lastly, that being unqual- 
ified by law to preach, he neveithele;?s did preach at an 
illegal conventicie : and both these last cliurges were. 



184 History of New- York, 

laid to be coriirary to the form of the English statutes. 
For it seems tbat Mr. attorney was now of opinion that 
the -penal laws did extend to the American plantations^ 
though his sentiments were the very reverse at the first 
debate before his excellency : but Bickley was rather 
remarkable for a voluble tongue, than a penetrating 
h^ ad or much learning. To support this prosecution, he 
endeavoured to prove the queen's ecclesiastical suprem- 
acy in the colonies, and that it was delegated to her no- 
ble cousin, the governour ; and hence, he was of opinion, 
that his lordship's instructions, relating to church mat- 
ters, had the force of a law. He, in the next place, con- 
tended for the extension of the statutes of uniformity, 
and, upon the wdiole, was pleased to say, tliat he did 
not doubt the jury would find a verdict for the queen. 
Reignere, for the defendant, insisted, that preaching was 
no crime by the common law, that the statutes of uni- 
formity, and the act of toleration, did not extend here, 
and that the governour's instructions were not laws. 
NicoU spoke to the same purpose, and so did David 
Jamison ; but M'Kemie concluded the whole defence 
in a speech, which sets his capacity in a very advanta- 
geous light. The reader may see it in the narrative of 
this trial, which was first published at the time, and 
since reprinted, at New- York, in tlie year 1755. The 
chief justice, in his charge, advised a special verdict, but 
the jury found no difficulty to acquit the defendant, w ho, 
through the shameful partiality of the court, was not 
discharged from his recognizance, till they had illegal- 
ly extorted all the fees of his prosecution, w hich, togeth- 
er with his expenses, amounted to eighty-three poTmd«f 
seven shillings and six pence. 



History of New- York, 185 

Lord Cornbury was now daily losing llie favour of 
the people. Tlie friends of Leisler had him in the ut- 
most abhorrence from the beginnisig ; and being all spies 
upon his conduct, it was impossible for his lordship to 
commit the smallest crime unnoticed. His persecution 
of the presbyterians very early increased the number 
of his enemies. The Dutch too were fearful of his re- 
ligious rage against them, as he disputed their right to 
call and settle ministers, or even schoolmasters, Avithout 
his special license. His excessive avarice, his embezzle- 
ment of the publick money, and his sordid refusal to 
pay his private debts, bore so heavily upon his reputa- 
tion, that it was impossible for his adherents, either to 
support him, or tiiemselves, against the general oppo- 
sition. Such being tlie temper of the people, his lord- 
ship did not succeed, according to his wishes, in the new 
assembly, which met on the 19th of i\ui.':ust, 1708. The 
members were all against iiim, and W illiam INicoll was 
again chosen speaker. 

Among the several things recommended to their con- 
sideration, the affair of the revenue, which was to expire 
in May following, and the propriety of making presents 
to the Indians, were the chief. The house were not in- 
sensible of the importance of the Indian interest, and of 
the infinite arts of the French to seduce them from our 
alliance : but suspicious that his lordship, who hereto- 
fore had given himself little concern about that matter, 
was seeking a fresh opportunity to defraud the publick, 
they desired him to give them a list of the articles of 
which the presents were to consist, together w^ith an es- 
timate of the charge, before they would provide for 
tbat donation. 

With respect to the revenue, bis lordship was not so 

24 



186 Uistoi'}/ of Neii'-YorJc. 

successful, for the assembly resolutely refused to con- 
tinue it ; though they consented to an act to discliarge 
biin from a contract of 250/. and uinvards, which he Irad 
marie with one Hanson, for the publick service. Tlionias 
Byerly was, at that time, collector and receiver gene- 
ral ; and by pretending that thetieasury v. as exhausted, 
the debts of the government were unpaid. This gave 
rise to many petitions to the assembly to make provi- 
sion for their discharge. Colonel Schuyler, who had ex- 
pended large sums on the publick credit, was among 
the principal sufferers, and joined witli several others 
in an application to the house, that Byerly miglit be 
compelled to account. The disputes, relating to this 
matter, took up a considerable part of the session, and 
were litigated with great heat. Upon the whole, an act 
was passed to refund 700/. wliich had been misapplied. 

The resolutions of the committee of grievances, ap- 
proved by the house, show the general objections of the 
people to his lordship's administration. These were 
made at the beginning of the session ; and yet we find 
this haughty lord subdued by the opposition against 
him, and so dispirited through indigence, and the inces- 
sant solicitations of his creditors, that he not only omit- 
ted to justify himself, but to show even an impotent re- 
sentment. For after all the censures of the house, he 
tamely thanked them for p^assing the bill to discharge 
him from a small debt, w hich they could not, in justice, 
have refused. The resolutions were in these words : 

" Resolved, That it is the opinion of this committee, 
tliat the appointing coroners in this colony, without 
their being chosen by the people, is a grievance, and 
contrary to law.* 

* Sf'P lord Bacon's works, fol. edit. 2 vol. 152, and yet the coroners 
fti every county are still appointed by the governour. 



History of New-VorJc. 187 

" Resolved, That it is, and always has been, the un- 
questionable right of every freeman in this colony, tliat 
he hath a perfect and entire property in his goods and 
estate. 

" Resolved, That the imposing and levying of any 
monies upon her majesty's sul)jects of this colony, un- 
der any pretence or colour whatsoever, without consent 
in general assembly, is a grievance, and a violation of 
the people's properly. 

" Jlesolved, That for any officer whatsoever, to ex- 
tort from the people extravagant and unlhnited fees, 
or any money whatsoever, not positively established 
and regulated b}^ consent in general assembly, is un- 
reasonable and unlawful, a great grievance, and tend- 
ing to the utter destruction of all property in tliis 
plantation. 

" Resolved, That the erecting a court of equity, 
without consent in general assembly, is contrary to law, 
without precedent, and of dangerous consequence to 
the liberty and property of the subjects. 

" Resolved, That the raising of money for the go- 
vernment, or other necessary charge, by any tax, im- 
post, or bin-den on goods imported, or exported, or any 
clog or hindrance, on traffic or commerce — is found by 
experience to be the expulsion of many, and tiie im- 
poverishing of the rest of tlie planters, freeholders, and 
inhabitants of this colony ; of most pernicious conse- 
quence, which, if continued, will unavoidably prove 
the ruin of the colony. 

" Resolved, Tliat the excessive sums of money screw- 
ed from tiie masters of vessels trading here under the 
notion of port charges, visiting the said vessels by su- 
pernumerary officers, and taking extraordinary fees, is^ 



188 History of New- York, 

the fi^reat discouras^ement of trade and siran8;ers com- 
ino' amon^ us, beyond the precedent of any other port, 
and without colour of law. 

" Resolved, That the compelling any man upon trial 
by jury, or otherwise, to pay any fees for his prose- 
cution, or any thing whatsoever, unless the fees of the 
officers whom he employs for his necessary defence, is 
a great grievance, and contrary to justice."* 

Lord Corn bury was no less obnoxious to the people 
of New-.Tersey, than to those of INew-York. The as- 
sembly oftliat province, impatient of his tyianny, drcAv 
u]) a complaint against him, which they sent home to 
the queen. 

Her majesty graciously listened to the cries of her 
injured subjects, divested him of his power, and ap- 
pointed lord Lovelace in liis stead ; declaring that she 
would not countenance her nearest relations in oppress- 
ing her people. 

As soon as my lord was superseded his creditors 
threw him into the custody of the sheriff of New-York ; 
and he remained here till the death of his father, when, 
succeeding to the earldom of Clarendon, he returned to 
England. 

We never had a governour so universally detested, 
nor any Avho so richly deserved the publick abhorrence. 
In spite of his noble descent, his behaviour was trifliipg, 
mean and extravagant. 

It was not uncommon for him to dress himself in a wo- 
man's habit, and tlien to patrole the fort in which he re- 
sided. Such freaks of low humour exposed him to the 
universal contempt of the people ; but their indigna- 

'* This had a special relatiou to the late prosecutioq of Mr. M'Kejjiie, 



History of New- York, 189 

tion was kindled by his despotick rule, savage bigotry, 
insatiable avarice, and injustice, not only to the publick, 
but even his private creditors ; for he left some of the 
lowest tiadesmen in his employment unsatisfied in their 
just demands. 

John lord Lovelace, baron of Hurley, was appointed 
to this government, in the spring, 1708, but did not ar- 
rive here till the 18th of December following. Lord 
Cornbury's oppressive, mean administration had long 
made the people very desirous of a change ; and there- 
fore his successor was received with universal joy. Hav- 
ing dissolved the general assembly, soon after his acces- 
sion to the government, he convened a new one on the 
5th of April, 1709, which, consisting of members of the 
same interest with the last, re-elected William Nicoll, 
the former speaker, into the chair. His lordship told 
them, at the beginning of the session, " that he had 
brought with him large supplies of soldiers and stores 
of war, as well as presents for the Indians," than which 
nothing could be more agreeable to the people. He 
lamented the greatness of the provincial debts, and the 
decay of publick credit ; but still recommended their 
raising a revenue, for the same term with that establish- 
ed by the act in the 11th year of the last reign. He al- 
so pressed the discharge of the debts of the government, 
and their examination of the publick accounts, " that it 
may be known (says he) what this debt is, and that it 
may appear hereafter, to all the world, that it was not 
contracted in my time." This oblique reflection upon 
his predecessor, who was now ignominiously imprison- 
ed by his creditors, was displeasing to no body. 

Though the assembly, in their answer, heartily con- 
gratulated his lordship's arrival, and thanked the C|ueen 



J 90 History of New-York, 

for her care of the province, yet they sufficiently inti- 
mated their disinclination to raise the revenue wliich 
the governour had requested. " Our earnest vvisties, 
(to use the words of the address) are that suitable mea- 
sures may be taken to encourage the few inhabitants 
left to stay in it, and others to come. The just free- 
dom enjoyed by our neighbours, by the tender indul- 
gence of the governinenl, has extremely drained and ex- 
hausted us both of people and stock ; whilst a different 
treatment, the wrong methods too long taken, and se- 
verities practised here, have averted and deterred the 
usual part of mankind from settling and coming hitlier- 
to." Towards the close, they assure him, " that as the 
beginning of his government gave them a delightful 
prospect of tranquility, so they were come with minds 
prepared to consult the good of the country and his sa- 
tisfaction." 

The principal matter which engaged the attention of 
the assembly, was the affair of the revenue. Lord Corur 
bury's conduct had rendered them utterly averse to a 
permanent support for the future, and yel they were un- 
willing to quarrel with the new governour. They, how- 
ever, at last agreed, on the 5th of May, to raise 2,500/. 
to defray the charges of the government to the 1st of 
May ensuing, 1,600/. of which was voted to his excellen- 
cy, and the remaining sums towards a supply of fire- 
wood and candles to the several forts in New-York, Al- 
bany, and Schenectady ; and for payment of small sa- 
laries to the printer, clerk of the council, and Indian in- 
terpreter. 

This new project of providing, annually, for the sup- 
port of government, was contrived to prevent the mis- 
chiefs to which the long revenues liad formerly exposed 



History of New- York. 191 

us. But as It rendered the governour, and all the other 
servants of the crown dependent upon the assembly, a 
rupture, between the several branches of the legislature, 
ivould doubtless have ensued ; but the very day, in 
which the vote passed the house, his lordship died of a 
disorder contracted in crossing the ferry at his first ar- 
rival in the city of New-York. His lady continued 
here, long after his death, soliciting for tlie sum voted 
to her husband ; but though the queen interposed, by 
a letter, in her behalf, notliing was allowed till several 
vears afterwards. 



i 



HIBTOIHY OF NEW-YOUK, 



PAllT lY. 

From the Canada Expedilion, in 1700, to the arrival 
of Govcrnour Burnd» 



JLORD Lovelace being dead, the chief command de- 
volved upon Richard Ingolsby, the lieutenant gover- 
nour, the same who had exercised the government, se- 
veral years before, upon the decease of colonel SioUii;h- 
ter. His short administration is remarkable, not foi* 
bis extraordinary talents, for he was a heavy man, but 
for a second fruitless attempt against Canada. Colonel 
Vetch, who had been, several years before, at Quebec, 
and sounded the river of St. Lawrence, was the first pro* 
jector of this enterprise. The ministry approved of it, 
and Yetch arrived in Boston, and prevailed upon the 
INew-England colonies to Join in the scheme. After 
that, he came to New- York and concerted the plan of 
operations with Francis Nicholson, formerly our lieu- 
tenant governour, who, at the request of Ingolsby, the 
council, the assembly, Gurdon Saltonstal, the governour 
of Connecticut, and Charles Gookin, lieut. governour 
of Pennsylvania, accepted the chief command of the pro- 
vincial forces, intended to penetrate into Canada, by the 
way of lake Champlain. Impoverished as we were, the 
assembly joined heartily in the enterprise. It was at 
this juncture otirfirgt act, for issuing bills of credit, was 



194 History of New-York, 

parsed ; an expedient Avithout which we could not IvAvt 
contributed to the expedition, the treasury being then 
totally exhausted. Universal joy now brightened every 
man's countenance, because all expected the complete 
reduction of Canada before the ensuing fall. Big witlf 
the pleasing prospect of an event vvliich would put a 
period to all the ravages of an encroaching, mercilesE- 
enemy, extend the British empire, and augment our 
trade, we exerted ourselves to the utmost, for the success 
of the expedition. As soon as the design was made 
known to the house, twenty ship and house carpenters 
were impressed into the service for building battoes. 
Commissioners also were appointed to purchase provi- 
sions and other necessaries, and empowered to break 
open houses for that purpose ; ami to impress^ men, ves- 
sels, horses, and waggons, for transporting the stores- 
Four hundred and eighty-seven men^,. besides the inde- 
pendent coinpanies, were raised and despatched to Alba- 
ny, by the 27th of June : from whence they advanced, 
w^ith the main body, to the Wood Creek. Three forts 
were built there, besides many block houses and stores 
for the provisions, which were transported with great 
despatch. The province of INew-York (all things con- 
sidered) has the merit of having contributed more than 
any of her neiglibours towards this expedition. Penn- 
sylvania gave no kind of aid, and New^-Jersey was only 
at the expense of 3000^. One hundred battoes, as many 
birch canoes, and two of the forts, were built entirely^ 
and the other fort, for the most pari, at the charge of 
this government. All the provisions and stores for the 
army were transported at our expense ; and besides 
our c|uota of volunteers and the independent companies; 
we procured and maintained six hundred Indians, and 



History of NerV'Ycrk, 195 

victualled a thousand of their wives and children at Al- 
bany, duiino" the campaign. 

Having thus put ourselves to the expense of above 
twenty tliousand poinids towards this enterprise, the de- 
lay of the arrival of tlie fleet spread a general discon- 
tent through the country : and early in the fall, the as- 
sembly addressed the lieutenant governour to recall our 
forces from the camp. Vetch and Nicholson soon after 
broke up the campaign, and retired to New-Port, in 
Khode-Tsland, where there was a congress of governours, 
Ingolsby, wIk) was invited to it, did not appear, in com- 
pliance with the inclination of the assembly, who incens- 
ed at the publick disappointment, harboured great jea- 
lousies of all the first promoters of the design. As soon, 
therefore, as lord Sunderland's letters, which arrived 
here on the 21st of October, were laid before the house, 
they resolved to send an address to the queen, to lay 
before her a true account of the manner in which this 
province exerted itself in the late undertaking. 

Had this expedition been vigorously carried on, 
doubtless it would have succeeded. The publick af- 
fairs at home were conducted by a wise ministry. The 
allied army triumphed in repeated successes in Flan- 
ders ; and the court of France was in no condition to 
give assistance to so distant a colony as Canada. The 
Indians of the Five Nations were engaged, through the 
indefatigable solicitations of colonel Schuyler, to join 
heartily in the atlempt : and the eastern colonies had 
nothing to fear from the Ouwenagungas ; because those 
Indians had, a little before, concluded a peace with the 
confederates. Iji America, every thing was ripe for 
the attack. At home, lord Sunderland, the secretary 
of state, had proceeded so far as to despatch orders to 



19& History of Neiv-Tork. 

the queen's ships, at Boston, to hold themselves in iva- 
diness, and the British troops were upon the point of 
their embarkation. At tliis juncture the news arrived 
of tlie defeat of the Portuguese, wliich reducing our al- 
lii s to great streights, tht^ forces intended for the Ame- 
rican adventure were then ordered to their assistance, 
and the thoughts of the ministry entirely diverted from 
the Canada expedition. 

As we had not a man in this province who had more 
extended views of the importance ofdriving the French 
out of Canada, than colonel Schuyler, so neither did 
any person more heartily engage in the late expedi- 
tion. To preserve the friendship of the Five Nations, 
without which it would be impossible to prevent our 
frontiers from becoming a field of blood, he studied all 
the arts of insinuating himself into their favour. He 
gave them all possible encouragement and assistance, 
and very much impaired his own fortune by his liberal- 
ity to their chiefs. They never came to Albany, but 
they resorted to his house, and even dined at his table ; 
and by this means he obtained an ascendency over them, 
which was attended with very good consequences to 
the province ; for he could always, in a great degree, 
obviate or eradicate the prejudices and jealousies, by 
which the Fiench Jesuits were incessantly labouring to 
del)auch their fi ielity. 

Impressed with a strong sense of the necessity of 
some vigorous measures against the French, colonel 
Schuyler was extremely discontented at the late disap- 
pointment ; and resolved to make a voyage to England 
at his private expense, the better to inculcate on the 
ministry the absolute necessity of reducing Canada to 
the crown of Great Britain. For that purpose he pro- 



Ilistorij of New-York. 197 

posed to carry home with him five Indian chiefs. The 
house no sooner heard of his design, than they came 
to a resohition, which, in justice to his distinguished 
merit, I ought not to suppress. It v/as this : 

" Resolved, iiemine conlradicciite, Tliat the humble 
address of the lieutenant governour, council, and gene* 
ral assembly of this colony, to the queen, representing 
the present state of this plantation, be committed to his 
charge and care, to be presented by himself to her sa- 
cred majesty ; he being a person, who, not only in the 
last war, when he commanded the forces of this colony 
in chief at Canada, but also in the present, has perform- 
ed faithful services to this and the neigtibouring colo- 
nies ; and behaved himself in the offices, with which he 
has been entrusted, with good reputation, and the o-ene- 
ral satisfaction of the people in these parts." 

The arrival of the five sachems in England made a 
great bruit through the whole kingdom. The mob fol- 
lowed wherever they went, and small cuts of them were 
sold among the people. The court was at that time in 
mourning for the death of the prince of Denmark : 
these American kings* were therefore dressed in black 
underclothes, after the English manner ; but instead 
of a blanket, they had each a scarlet-in-grain cloth 
mantle, edged with gold, thrown over all tlieir other 
garments. This dress was directed by the dressers of 
the playhouse, and given by the queen, who was advis- 
ed to make a show of them. A more than ordinary 
solemnity attended the audience they had of her ma- 
jesty. Sir Charles Cotterel conducted them, in two 
coaches, to St. James's ; and the lord chamberlain in- 

* This title is commonly bestowed on the sachems, though the Iq- 
dians have no such dignity or office among them. 



I^^ History of New-York. 

troduced lliciii into the royal presence. 'I'lieir Bpeechj 
on the 19th of April, 1710, is preserved by Oldmixon, 
and was in these words : 
" Great Q.ueen, 

" We have undertaken a long voyage, which none of 
our predecessors could be prevailed upon to undertake, 
to sec our great queen, and relate to her those things 
■^vlnch v^e thought absolutely necessary for the good of 
her, and us, her allies, on the other side the water. 

" We doubt not but our great queen has been ac- 
quainted with our long and tedious war, in conjunction 
with her children, against her enemies, the French ; 
and that we have been as a strong wall for their securi- 
ty, even to the loss of our best men. We were mighti- 
ly rejoiced when we heard our great queen had resolv- 
ed to send an army to reduce Canada ; and immediate- 
ly, in token of friendship, we Inang up the kettle, and 
took up the hatchet, and, with one consent, assisted 
colonel Nicholson in making preparations on this side 
the lake ; but, at length, we were told our great queen^ 
by some important affairs, was prevented in her design 
at present, whicii made us sorrowful, lest the French, 
who had hitherto dreaded us, should now think us un- 
able to make war against them. The reduction of 
Canada is of great weight to our free hunting ; so that 
if our great queen should not be mindful of us, we 
must, with our families, forsake our country, and seek 
other habitations, or stand neuter, either of which will 
be much against our inclinations. 

" In token of the sincerity of these nations, we do, in 
their names, present our great queen with these belts of 
wampum, and in hopes of our great queen's favour, 
leave it to her most gracious consideration." 



History of New- York. 19§ 

While colonel Scliuyler was at tlie Brhisli courts, 
captain Iiigalsby was displaced, and GerardnsBoekman 
exercised the powers of governinenl, from the KMij of 
April, 1710, till the arrival of brigadier Hunter, on the 
14th of June following. The council tiien present were, 
Mr. Beeknian, Mr. Mompesson, 

Mr. Van Dam, Mr. Barbaric, 

Colonel Kenslaer, Mr. Philipse. 

Hunter was a native of Scotland, and, when a boy^ 
put apprentice to an apothecary. He left his master^, 
and went into the army ; and being a man of wit and 
personal beauty, recommended himself to lady Hajy 
whom he afterwards married. In the year 1707, he was 
appointed lieutenant governour of Virginia, but being 
taken by the French, in his voyage to that colony, he 
was carried into France, and upon his return !o Eng- 
land, appointed to succeed lord Lovelace in the govern- 
ment of this and the province of New-.]ersey<, Dean 
Swift's letter to him, during his captivity, shows that he 
had the honour of an intimacy with Mr. Addison and 
others, who w^ere distinguished for their ffood sense and 
learning ; and perhaps it was by their interest he was 
advanced to this profitable place. 

Governour Hunter brought over with him near three 
thousand Palatines, who, the year before, lied to Eng- 
land from the rage of persecution in Germany. Many 
of tliese people seated themselves in the city of New- 
York, where they built a Lutheran church, which is 
now in a declining condition. Others settled on a tract 
of several thousand acres, in the manor of Livirigston. 
Their village there, called the Camp, is one of the plea- 
santest situations on Hudson's river : right opposite, oji 
the west bank, are many other families of them. Some 



200 Ilistorij of New- York. 

went into Pennsylvania, and by the favourable accounts 
of the country, which they transmitted to Germany, 
were instrumental to the transmigration of many thou- 
sands of their countrymen into that province. Q.ueen 
Anne's liberality to these people, was not more beneli- 
cial to them, than serviceable to this colony. They 
have behaved themselves peaceably, and lived with 
great industry. Many are rich, all are protestants, and 
well affected to the government. The same must be 
said of those who have lately settled amongst us, and 
planted the lands westward of Albany. We have not 
the least ground for jealousy with respect to them^ 
Amongst us they are few in number, compared to those 
in Pennsylvania. There they are too numerous to be 
soon assimilated to a new constitution. They retain all 
the manners and principles wliich prevail in their native 
country, and as many of them are papists, some are not 
without their fears, that sooner or later, they will be- 
come dangerous to our colonies.* 

The late attempt to attack Canada proving abortive, 
exposed us to consequences equally calamitous, dread- 
ed and foreseen. While the preparations were mak- 
ing to invade it, the French exerted themselves in ca- 
joling their Indian allies to assist in the repulse ; and as 

* The surprising importation of Germans into that colony, gave rise 
to the scheme of dispersing English clergymen and schoolmasters 
among them. The project is founded on principles of sound policy. 
If a political mission among the Indians had been seasonably encour- 
aged, the province of Pennsylvania might have escaped all that shock- 
ing devastation, which ensued the fatal defeat of general Braddock's 
army, on the 9th of July, 1755 ; and Avould, perhaps, have prevented 
even the erection of fort Q,ueBQe, which has already cost the nation so 
much blood and treasure. 



History of New- York. 2oi 

sooa ^s the scheme dropped, numerous parties were sent 
out to harrass the English frontiers. These irruptions 
were, principally, made on the northern parts of JNevv- 
Ennland, where the most savage cruelties were daily 
committed. New- York had, indeed, hitherto escaped, 
being covered by the Indians of the Five Nations ; 
but the danger we were in, induced governour Hunter, 
soon after his arrival, to make a voyage to Albany, 
where he met the confederate chiefs, and renewed the 
old cover.ant. While there, he was strongly solicited, 
by tlie New-England governments, to engage our In- 
dians in a war with those who were daily ravaging the ii* 
borders ; but he prudently declined a measure, which 
might have exposed his own province to a general de^ 
vastation. A treaty of neutrality subsisted, at that 
time, between the confederates and the Canada French 
and their Indians ; which, depending upon the faith of 
lawless savages, was, at best, but precarious, and yet 
the only security we had for the peace of our borders^ 
A rupture between them would have involved us in a 
scene of misery, at a time, of all others, most unseason- 
able. However the people of New-England might cen- 
sure the governour, it was a proof of his w isdom to re- 
fuse their request. For besides a want of men and arms 
to defend us, our forts were fallen down, and the trea- 
sury exhausted. 

The new assembly met, at New-York, on the 1st of 
September. Mr. Nicoll, the speaker, Mr. Livingston, 
Mr. De Lancey, and colonel Morris, were the members 
most distinguished for their activity in the house. Mr. 
De Lancey was a protest ant refugee, a native of Caen, 
in Normandy ; and by marrying a daughter of Mn 
Courtlandt^ connected witli a family, then, perhaps, the 

2§ 



202 History of New-York. 

mosi opulent and extensive of any in the province. lie 
was 'an eminent merchant, and, by a successful trade, 
had amassed a very considerable fortune. But of all 
these, colonel Morris had the greatest influence on our 
pubjick affairs. He Avas a man of letters, and, tliough a 
liltle whimsical in his temper, was grave in his manners 
and of penetrating parts. Being excessively fond of the so- 
ciety of men of sense and reading, he was never wearied 
at a sitting, till the spiiits of the whole conspany were 
dissipated. From his infancy, he had lived in a manner 
best adapted to teach him the nature of man, and to for- 
tify his mind for the vicissitudes of life. He very early 
lost both his father and mother, and fell under the pa- 
tronage of his uncle, formerly an officer, of very con- 
siderable rank, in Cromwell's army ,- who, after the re- 
storation, disgviised himself under the profession of Qua- 
kerism, and settled on a fine farm, w itliin a f w miles of 
the city, called, after his own name, IMorrisania. Be- 
ing a boy of strong passions, the general indications of 
a fruitful genius, he gave frequent offence to his uncle, 
and, on one of these occasions, through fear of his re- 
sentment, strolled away into Virginia, and thence to 
Jamaica, in the West-Indies,* where, to support himself, 
he set up fsr a scrivener. After several years spent in 
this vagabond life, he returned again to liis uncle, who 
received the yoimg prodigal with joy ; and, to reduce 
him to regularity, brouglit about his marriage with a 



* Hufrl) Coppatliwait, a quakcr zealot, iras his preceptor : the pupil 
taking aclvantage of his enthusiasm, hid hiniself in a tree, and ciiliing 
to him, ordered him to preach the gospel among the MohaAvks. The 
credulous qiiaker took it for a miraculous cf\ll, and was upon the poiatf 
gf setting Qiit Avbeu the cheat was discovered. 



Hislory of New- York. 203 

daughter of Mr. Graham, a fine lady, with Avlioin he liv- 
ed above nfty years, in the possession of every eiijoy- 
ment, which good sense and polhe manners in a woman 
could aftbrd. The greatest part of his life, before tlie 
arrival of Mr. Hunter, was spent in Nevv-.]ersey,^ where 
he signalized himself in the servi€e both of tlie propri- 
etors and the assembly. The latter employed hi^n to 
draw up their complaint against my lord Cornbury, and 
he was made the bearer of it to the queen. Though he 
was indolent in the management of his private alfairs, 
yet, through the love of power, he was always busy in 
matters of a political nature, and no man in the colony 
equalled him in the knowledge of the law and the arts 
of intrigue. From this cliaracter, the reader will easily 
perceive that governour Hunter shewed his prudence, 
hi takii'g Mr. Morris into his conlidence, his talents and 
advantages rendering him eitiier a useful friend or for- 
midable foe. Such were the acting members of this as- 
sembly. When brigadier Hunter spoke to them, ^he 
recommended the settling a revenue, the defence of the 
frontiers, and the restoration of the publick credit, which 
lord Cornbury had almost entirely destroyed. To sti- 
fle the remaining sparks of our ancient feuds, he con- 
cluded with these words : " if any go about to disturb 
your peace, by reviving buried parties or piques, or 
creating new ones, they shall meet with no countenance 
or encouiagemenl from rae ; and I am sure they deserve 



* He was one of the cmincil in that province, and a }i\(l<re of the 
supreme court (here, in 11392. Upon the surrender of the governinent 
to queen Anne, in 1702, he was named to be governour of the colony ; 
bat the appointment was changed in fcxvour of lord Cornbury, the 

4jiucc,n''s cousin. 



204 History of New-Yorh 

as little from you." The address of the house was per- 
fectly aojreeable to the governour. They promised to 
provide for the support of government, and to restore 
the publick credit, as well as to protect the frontiers. 
In answer to the close of his speech, they declare their 
hope, " that such as excited party contentions might 
meet with as little credit, and as much disgrace, asth y 
deserve." This unanimity, however, was soon interrupt- 
ed. Colonel Morris, for some warm words dropped in 
a debate, was expelled the house ; and soon after a dis- 
pute arose, between the council and assembly, concern- 
ing some amendments, made by the former, to a bill 
" for the treasurer's paying sundry sums of money." The 
design of it, in mentioning the particular sums, and ren- 
dering them issuable by their own officer, was to re- 
strain the governour from repeating the misapplications 
which had been so frequent in a late administration. 
The council, for that reason, opposed it, and adhered 
to their amendments ; which occasioned a prorogation, 
on the 25th of November, after the passing of several 
other necessary laws. 

Mr. Hunter cautiously avoided entering, publickly, 
into the dispute between tlie two houses, till he knew 
the sentiments of the ministry, and then he opened the 
spring sessions with a speech too singular not to be in- 
serted, n 
" Gentlemen, 

" I h spe you are now come with a disposition to an-, 
swer the ends of your meeting, tliat is, to pjovide a 
suitable support for her majesty's government here, in 
the manner she has been pleased to direct ; to find out 
XTieans to restore the publick credit, and to provide bet-< 
tef for your own security. 



i 



History of New- York. 205. 

*' They abuse you, who tell you, that you are hardly 
dealt by in the au2;nientation of salaries. Her majesty's 
instructions, which I coinmujiicated to you, at our last 
meeting, might have convinced you, that it was her ten- 
derness towards her subjects in the plantations, who suf- 
fered under an established custom of making considera- 
ble presents to their governours, by acts of assembly, 
that induced her to allot to each of them such a salary 
as she judged sufficient for their support, in their re- 
spective stations, with a strict prohibition of all such 
presents for the future ; which instruction has met with 
a cheerful and grateful compliance in all the other co- 
lonies. 

" If you have been in any thing distinguished, it is 
by an extraordinary measure of her royal bounty and 
care. I hope you will make suitable returns, lest some 
insinuations, much repeated of late years, should gain 
credit at last, that however your resentment has fallen 
upon the governour, it is the government you dislike. 

" It is necessary, at this time, that you be told also, 
that giving money for the support of government, and 
disposing of it at your pleasure, is the same with giv- 
ing none at all. Her majesty is the sole judge of the 
m ^'its of her servants. This right has never yet been 
disputed at home, and should I consent to give it up 
abroad, I should render myself unwortliy, not only of 
the trust reposed in me, but of the society of my fellow 
subjects, by incurring her highest displeasure. If I have 
tired you, by a long speech, I shall make amends by 
putting you to the trouble of a very short answer. 

" Will you support her majesty's government, in the 
manner she has been pleased to direct, or are you re- 



206 Hislory of New-York. 

solved that burden shall lie still upon the governour, 
who cannot accuse himself of any thing that may have 
deserved this treatment at your hands ? 

" AVill you take care of the debts of the government ; 
or, to increase my sutFerings, must I continue under the 
torture of the daily cries of such as have just demands 
upon you, and are in misery, without the power of giv- 
ing them any hopes of relief I 

" Will you take more efFectual care of your own 
safety, in that of your frontiers ; or are you resolved 
for the future to rely upon the security of an open win- 
ter, and the caprice of your savage neighbours ? I shall 
be very soiTy if this plainness olFends you. I judge it 
necessary towards the establishing and cultivating a good 
understanding betwixt us. I hope it will be so con- 
strued, and wish heartily it may have that effect." 

Perplexed with this remarkable speech, the assembly, 
after a few days, concluded, that as his excellency had 
prorogued them in February, Avhile he was at Binling- 
ton, in the province of New- Jersey, they could not sit 
and act as a house ; upon which they were the same 
day dissolved. 

The five Indian kings carried to England by colonel 
Schuyler, having seen all the curiosities in London, and 
been much entertained by many persons of distinction, 
returned to Boston, with commodore Martin and colo- 
nel Nicholson ; the latter of whom commanded the 
forces designed acjainst Port-Roval and the coast of 
JVova-Scotia. In this enterprise the Ne w-England colo- 
nies, agreeable to their wonted courage and loyalty, 
lent their assistance ; and the reduction of the garrison, 
which was then called Annapolis-Royal, was hnppily 
completed on the 2d of October, 1710. Animated by 
this, and some other successes in Newfoundland, Ni' 



Hislorij of Ncrv-York. 20t 

cbolson aoain urged the prosecution of the scheme for 
the reduction of Canada ; \vl icli, having been strongly 
recommended by the Indian chiefs, as the only effectu- 
al means to secure the northern colonies, was now again 
resumed. 

Towards the execution of this project, five thousand 
troops, from Ensiland and Flanders, were sent over un- 
der the commanrl of briga lier Hill, the brother of Mrs. 
Masham, the queen's new confidant, on the disgrace of 
the duchess of Marlborough. The fleet of transports, 
imder the convoy of sir Hoveden Walker, arrived, af- 
ter a month's passage, at Boston, on the 4th of .Tune, 
1711. The provisions, with which they expected to be 
supplied there, being not provided, the troops landed. 
ISicholson, who was to command the land forces, came 
immediately to New-York, where Mr. Hunter conven- 
ed the assembly, on the 2d of July. The re-election of 
the same members who had served in the last, was a 
sufficient proof of the general aversion to the establish- 
ment of a revenue. Robeil Livingston, junior, who 
married the only daughter of colonel Schuyler, came 
in for Albany ; and, together with Mr. Morris, who was 
again chosen for the borough of Westchester, joined 
the governour's interest. Brigadier Hunter informed 
the assembly of the intended expedition, and the arri- 
val of the fleet and forces ; that, the quota of this pro- 
vince, settled by the council of war, at New-London, 
was six hundred private sentinels and their otHcers ; 
besides which, he recommended their making provision 
for building battoes, transportirig the troops and pro- 
visions, subsisting the Indians, and for the contingent 
charges : nor did he forget to mention the support of 
government and the publick debts. 



208 History of Nav-Yorh 

The house was so well pleased with the design upon 
Canada, that they voted an address of thanks to the 
queen, and sent a comnuttee to INicholson, to congra-* 
tulate his arrival, and make an honourable acknowiedge- 
ment of his " sedulous application to her majesty for 
reducing Canada." In a few days time an act was pass- 
ed for raising forces ; and the assembly, by a resolu- 
tion, according to the governour's advice, restricted tlie 
price of provisions to certain particular sums. Bills of 
credit, for forwarding the expedition, were now also 
struck, to the amount of 10,000/. to be sunk in five 
years, by a tax on estates real and personal. After 
these supplies Avere granted, the governour pror^iied 
the assembly ; though nothing was done relating to the 
ordinary support of government. 

While these preparations were making at New- York, 
the fleet, consisting of twelve men of war, forty trans- 
ports, and six store ships, with forty horses, a fine train 
of artillery, and all manner of warlike stores, sailed for 
Canada, from Boston, on the 30th of .luly ; and, about 
a month afterwards, Nicholson appeared at Albany, at 
the head of an army of four thousand men, raised in 
this and the colonies of New-Jersey and Connecticut : 
the several regiments being commanded by Colonel In- 
golsby, colonel Whiting, and colonel Schuyler, the lat- 
ter of whom procured six hundred of the Five Nations 
to join our army. 

The French, in Canada, were not unapprised of these 
designs. Yaudreuil, the governour general, sent his or- 
ders, from Montreal, to tlie sieur De Beaucourt, to has- 
ten the works he was about at Quebec, and command- 
ed that all the regulars and militia should be held in 
readiness to march on the first warning. Four or five 



History oj New-York. 209 

liundred Indians, of the more distant nations, arrived at 
the same time at Montreal, with messieurs 8t. Pierre 
and Tonti, who, together with the Cauglmuaga prose- 
lytes, took up the iiatchet in favour of the French* 
Vaudreuil, after dispatching several Indians and two 
missionaries among the Five Nations, to detach them 
from our interest, went to Quebec, which Beaucourt, 
the engineer, had sufficiently fortified to sustain a long 
siege. All the principal posts below the city, on both 
sides of the river, were prepared to receive the British 
troops in case of their landing. On the 14th of August, 
Sir Hoveden Walker arrived with the fleet in the mouth 
of St. Law rence river ; and fearing to lose the company 
of the transports, the wind blowing fresh at northwest, 
he put into Gaspy bay, and continued there till the 20th 
of the same month. Two days after he sailed from 
thence, the fleet was in the utmost danger, for they had 
no soundings, were without sight of land, the wind high 
at east southeast, and the sky darkened by a thick fog. 
In these circumstances the fleet brought to, by the ad- 
vice of the pilots, who were of opinion, that if the ships 
lay with their heads to the southward, they might be 
driven by the stream into the midst of the channel : but 
instead of that, in two hours after, they found them- 
selves on the noj th shore, among rocks and islands, and 
upon the point of being lost. The men of war escaped, 
but eight transports, containing eight hundred souls, of- 
ficers, soldiers, and seamen, were cast away. Two or 
three days being spent, in recovering what they could 
from the shore, it was determined, at a consultation of 
sea officers, to return to some bay or harbour, till a fur- 
ther resolution could be taken. On the 14th of Septem- 
ber they arrived at topanish-River bay, where a coun^ 

27 



210 History of New-York. 

cil of war, consisting of land and sea officei:?, consider- 
ing that they had but ten weeks provision, and judging 
that they could not depend upon a supply from Ne\\- 
England, unanimously concluded to return home, whh- 
out making any farther attempts ; and tiiey according- 
ly arrived at Portsmoutii on the 9th of October, when, 
in addition to our misfortunes, the Edgar, a 70 gun ship, 
was blown up, having on board above four hundred uien, 
besides many persons who came to visit tlieir friends. 

As soon as the marquis De Yaudreuil, by the ac- 
counts of the fishermen and two other ships, liad reason 
to suspect that our fleet was returned, he went to Ciiam- 
bly, and formed a camp of three thousand men to op- 
pose Nicholson's army, intended to penetrate Canada, 
at that end. But he was soon informed that our ti oops 
were returned, upon the news of ttie disaster which liad 
befallen the fleet, and that the people of Albany were 
in the utmost consternation. 

The new ministry are generally censured for their 
conduct in this expedition by the whigs, v.ho condemn 
both the project and the measures taken towards its 
execution. The scheme w as never laid before the pai- 
liament, though it was then sitting ; but this, it is said, 
was for the greater secrecy, and for the snme reason 
the fleet Was not fully victualled at home. They reli- 
ed upon New-England for supplies, and this destroyed 
the design. For the ships tarried at Boston till the 
season for the attack was over. 

According to lord Harley's account of this expedi- 
tion, the wiiole was a contrivance of Bolingbroke, 
Moore, and the lord chancellor Harcourt, to cheat the 
publick of twenty thousand pounds. The latter of these 



His tori/ of Ncjv-YorJc. 211 

was pleased to say, " No government was worth serving 
that AvouJd not admit of such advantageous jobs."" 

Apprehensive that tlie enemy would fall upon our 
borders, as they afterwards really did, in small parties, 
upon the miscariiage of that enterprise ; governour 
Hunter pressed the assembly, in autumn, to continue 
a number of men in pay the ensuing winter, and to re- 
pair the out forts. After the house had passed several 
votes to this purpose, his excellency, during the session, 
went up to Albany, to withdraw the forces of tlie colo- 
ny, and giA^e ciders for the necessary repairs. 

The publick debts, by this unfortunate expedition, 
were become greatly enhanced, and the assembly, at 
last, entered upon measures for the support of govern- 
ment, and sent up to the council several bills for that 
purpose. The latter attempted to make amendments, 
which the other would not admit, and a warm contro- 
versy arose between those two branches of the legisla- 
ture. The council assigned instances that amendments 
had formerly been allowed ; and, besides this argu- 
ment, drawn from precedent, insisted that they were a 
part of the legislature, constituted as the assembly 
were, " by the mere grace of the crown ;" adding, that 
the lords of trade had determined the matter in their 
favour. The house, nevertheless, adhered to their re- 
solutions, and answered in these words ; 

" 'Tis true, the share the council have (if any) in the 
legislation, does not flow from any title they have from 
the natm-e of that board, which is only to advise ; or 
from their being another distinct state, or rank of peo- 
ple in the constitution, which they are not, being all 
commons ; but only from the mere pleasure of the 
prince, signified in the commission. On the contrary, 



212 History of New-York. 

the inherent right the assembly have to dispose of tlie 
money of the freemen of this colony, does not proceed 
from any commission, letters patent, or other grant 
from the crown ; but from the free clioice and election 
of the people, who ought not to be divested of their 
property, (nor justly can) without their consent. Any 
former condescensions, of other assemblies, will not 
prescribe to the council, a privilege to make any of 
those amendments, and therefore they have it not. If the 
lords commissioners for trade and plantations, did con- 
ceive no reason why the council should not have right 
to amend money bills, this is far from concluding there 
are none. The assembly understand them very well, and 
are sufficiently convinced of the necessity they are in, 
not to admit of any encroachment so much to their pre- 
judice." 

Both houses adhered obstinately to their respective 
opinions: in consequence of which, the publick debts 
remained unpaid, though his excellency could not omit 
passing a bill for paying to himself 3750 ounces of plate. 

Upon the return of the fleet, Dudley, Saltonstal, and 
Cranston, the governours of the eastern colonies, form- 
ed a design of engaging the Five Nations in a rupture 
with the French, and wrote on that head to Mr. Hunter; 
who suspicious that his assembly would not approve of 
any project that might increase the publick debts, laid 
their letter before the house, and, according to his ex- 
pectations, they declared against the scheme. 

About this time colonel Hunter, by the advice of his 
coimcil, began to exen ise the office of chancellor, hav- 
ing, on the 4th of October, appointed messieurs Van 
Dam and Pbiiipse, masters, Mr. Wtiileman, register, Mr. 
Harrisoiij examiner, and messieurs Sharpas and Brouglp 



History of Netv-Yorh 213 

ton, clerks. A proclamation was then issued, to sis^nify 
the sitting of the court on Tliursday in every week. 
This gave rise to these two resolutions of the house : 

" Resolved, That the erecting a court of chancery, 
without consent in general assembly, is contrary to law, 
without precedent, and of dangerous consequence to 
the liberty and property of the subjects. 

" That the establishing fees, without consent in gen- 
eral assembly, is contrary to law." The council made 
these votes the subject of part of a long representation, 
which they shortly after transmitted to the lords of trade, 
who, in a letter to the governour, in answer to it, approv- 
ed of his erecting a coiui of equity, and blamed the 
assembly ; adding, " that her majesty has an undoubt- 
ed right of appointing such, and so many courts of ju- 
dicature, in the plantations, as she shall think necessary 
for the distribution of justice." 

At the next meeting, in May, 1712, colonel Hunter 
strongly recommended the publick debts to the consi- 
deration of the assembly, informing them, that the lords 
of trade had signified their opinion, with respect to ttie 
amending money bills, in favour of the council. The 
house neglected the matters laid before them, and the 
governour broke up the sessions by a short prorogation 
of three days. After which they soon passed an act for 
paying his excellency 8025 ounces of plate. Our pub- 
lick affairs never wore a more melancholy aspect than 
at this juncture. 

Among the Five Nations many emissaries from the 
French were daily seducing them from the British in- 
terest, and our late ill success gave such a powerful in- 
fluence to their solicitations, that the Indians even at 
Catt's Kill sent a belt of Wampum to those in Dutchess 



214 History of New- York. 

county to prepare for a war. The Senecas and Shaw- 
anas were also greatly disaffected, and it was generally 
apprehended that they would fall upon the inhabitants 
along Hudson's River. An invasion was strongly siis- 
pected, by sea, on the city of New-York, where they 
had been alarmed, in April, by an insurrection of the 
negroes ; who, in execution of a plot to set fire to the 
town, had burnt down a house in the night, killed several 
people who came to extinguish the fire, for which nine- 
teen of them were afterwards executed. Rut distressed as 
the colony then was, the assembly were inflexibly averse 
to the establishment of a revenue, which had formerly 
been wickedly misapplied and exhausted. At the ensuing 
session, in the fall, colonel Hunter proposed a scheme 
to the assembly, which was, in substance, that the re- 
ceiver general should give security, residing in the co- 
lony, for the due execution of his office ; and, every 
quarter, account, to the governour and council, for the 
sums he might receive. That the creditors of the go- 
vernment should, every three months, deliver in the^'r de- 
mands to the governour and council ; when, if that 
quarter's revenue equalled the amount of such debts, 
the governour, by the advice of council, should draw 
for it : but if the revenue, for that quarter, should fall 
short of the governour's demands ; then the warrants 
were to be drawn for so much only as remained, and 
the creditors should afterwards receive new drafts for 
their balances in the next quarter. That no warrant 
should be issued, until the quarterly account of the re- 
venue was given in ; but that then they should be paid 
in course, and an action of debt be given against the 
receiver general in case of refusal. That he should ac- 
count also to the assembly when required, and permit 



History of New-York. 215 

all persons to have recourse to bis books. Tbe bouse 
turned a deaf ear to this plausible project, and displeas- 
ed with a letter from tbe lords of trade, favouring tbe 
council's claim to amend money bills, they agreed upon 
an address to tbe queen, protesting their willingness to 
support her government, coiiiplaining of misapplications 
in tbe treasury, intimating their suspicions that tisey 
were misrepresented, and praying an instruction to tbe 
governour to give bis consent to a law, for supporting 
an agent to represent them at tbe couit of Great Bri- 
tain. Provoked by this conduct, and to put an end to 
tbe disputes subsisting between the two bouses, bis ex- 
cellency dissolved tbe assembly. 

Before tbe meeting of tbe next assembly, tbe peace of 
Utrecht was concluded, on tbe 31st of March, 1713. xV 
peace, in the judgment of many, dishonourable to Great 
Britain, and injurious to her allies. I shall only consider 
it with relation to our Indian aliairs. Tbe reader, doubt- 
less, observed that lord Bellamont, after the peace at 
Ryswick, contended w itb the governour of Canada, that 
the Five Nations ought to be considered as subjects of 
the British crow n, and that tbe point was disputed even 
after tbe death of count Frontenac. It does not appear 
that any decision of that matter was made between the 
two crowns, till tbe treaty of Utrecht, tbe xvth article 
of which is in these words : 

" The subjects of France inhabiting Canada, and oth- 
ers, shall hereafter give no hindrance or molestation to 
the Five Nations, or cantons of Indians, subject to the 
dominion of Great Britain, nor to tbe other nations of 
America, who are friends to tbe same. In like mariner, 
tbe subjects of Great-Britain shall behave themselves 
peaceably towards the Americans, who are subjects or 



216 History of New-York. 

friends to France ; and on both sides they shall enjoy 
full liberty of g;oing and cominf^ on account of trade. 
Also the natives of these countries shall, with tlie same 
liberty, resort, as they please, to the British and French 
colonies, for promoting trade on one side and the oth- 
er, without any molestation or hindrance, either on the 
part of the British subjects, or of the French. But it 
is to be exactly and distinctly settled by commissaries, 
■who are, and who ought to be, accounted the subjects 
of Britain or of France." 

In consequence of this treaty, the British crown be- 
came entitled, at least for any claim that could justly 
be interposed by the French, to the sovereignty over 
the country of the Five Nations, concerning the extent 
of ^^hich, as it never was adjusted by commissaries, it 
may not be improper to say a few words. 

V\ lien the Dutch began the settlement of this coun- 
try, all the Indians on Long Island, and the northern 
shore of the sound, on tlie banks of Connecticut, Hud- 
son's, Delaware, and Susquehanna rivers, were in sub- 
jection to the Five Nations ; and, within the memory of 
persons now living, acknowledged it by the payment 
of an annual tribute.* The French historians of Can- 
ada, botli ancient and modern, agree that the more 
northern Indians w^ere driven before the superior mar- 
tial prowess of the confederates. The author of the 
book entitled, Ji elation dc ce qui s'est passe de plus re- 
marquable avx mission dc peres de la compagnie de 
Jesus, en la nouvelle France, published with the privilege 
of the French king, at Paris, in 1661, writes with such 

* A litlle tribe, settled at the sugar-loaf mountain, iu Orange coun- 
ty, to this day, make a yearly payment of about 20l. to the Mohawks. 



History of New- York. 217 

sin2;ular simplicity, as obviates the least suspicion of 
thuse sinister views, so remarkable in tlie late French 
hist lies. He informs us that all the northern Indians, 
as far as Hudson's bay, were harrassed by the Five INa- 
tions. " Partout, (says he, speaking in the name of the 
missionaries) nous Irouvons Iroquois, qui comme un 
phantotrtc importun., nous obsede en tous lieiixJ'^ In the ac- 
coiHif he gives of the travels of a father, in 1058, we 
are told, that the banks of the upper lake were lined 
with the Algonkins, " ou la crainle des Iroquois leur a 
fait chercher mi asi/k'.'' Writing of the Hurons, " la 
nation la plus scdenlairc Sf la plus propne pour les se- 
mences de la foi,'^ he represents them as totally destroy- 
ed by the confederates. Charlevoix, whose history of 
New-France is calcidated to countenance the encroach- 
ments of the French, gives the following description of 
the tenitory of the confederates : 

" The country of the Iroquois (says he) extends it- 
self between the 41st and 44th degrees of north lati- 
tude, about seventy or eighty leagues from east to 
west, from the head of the river, bearing for its name 
that of Richelieu and Serel ;* that is, from lake St. Sa-- 
crament to Niagara, and a little above forty leagues 
from north to south, or rather northeast and southwest 
from the head of the Mohawks river to the river Ohio. 
Thus the last mentioned river and Pennsylvania bound 
it on the south. On the west it has lake Ontario ; and 
lake Erie on the northwest ; St. Sacrament and the ri- 
ver St. Lawrence on the north ; on the south and south- 
east, the province of New- York. It is watered with 



* The river issuing from lake Cliamplain is called Riviere des Iro- 
quois de Richelieu «fc Sorel : but the last is now most commoaly used, 

28 



21 S History of New- York. 

many rivers. The land is in some places broken, but, 
generally speaking, very fertile." 

In this partial description the Jesuit is neither con- 
i^istent with his geograplier, nor several other French 
authors ; and yet both his liistory and iMr. Beliin*s 
maps, in 1744,* which are bound up with it, luinish 
many strong evidences in favour of the Biitish claims. 
I will point out a few instances. The ancient country 
of the Hurons is laid down on the north side of lake 
Erie, by wliich we are ascertained of the extent of ter- 
ritory, to which the Five Nations are entitled by their 
conquest of that people. The right of the confederates 
to the south side of that lake, is also established by their 
dispersion of the Cat Indians, to whom it originally be- 
longed. The land, on both sides of the lake Ontario, 
is admitted to be theirs by this geographer, who writes 
on the north, " les Iroquois du nord," and on the south 
side, " pays des Iroquois." Hennepin, La llontan and 



* Mr. Bellin published a new set of maps in 1745, tlie first plate be- 
ing thous^ht too favourable to our claims, especially in the protraction of 
the north side of the bay of Fuiidy, for IVova-Scotia, which in the se- 
cond plate, was called " the south part of New-France." General Shir- 
ley, one of the British commissaries for settling the disputed limits, 
took occasion to speak of this alteration to Mr. Bellin, at Paris, i.nd 
informed him that one hundred copies of his first maps Mere dispersed 
in London, upon which he discovered some surprise ; but instead of 
urging any thing in support of the variation in his new draft, said, 
smiling, " Weill France must fellow the command of the monarch." 1 
mention this to show that since the French government interposes in 
the construction of iheir maps, they are proper evidence against them. 
Among the ['".ngli^'h. Dr. Mitchell's is the oul) authi ntick one extant. 
None of the rest, concerning America, have passed under the examina- 
tion, or received the sanction of any publick board; and, for this rea- 
son, they ouglit not to be construed to our prejudice. Add, that they 
generally copy from the French, 



History of Nov- York, 219 

Belisle, all concur with Bellin, in extending the right of 
the Five Nations, to the lands on the north side of lake 
Ontario. The first of these, besides what appears from 
his map, speaking of that lake, has these words, " tliere 
are likewise on the north side tiiese Iroquois villages, 
Tejajahon, Kente, and Ganneousse ;" every one of which 
is laid down even in Bellin's, and almost all the maps I 
have seen of that country, whether French or English. 
What renders Hennepin's account the more remarkable, 
is, tliat these villages were there in 1679, seven years af- 
ter the erection of fort Frontenac. From whence it may 
fairly be argued, that their not opposing those w^orks, 
was by no means a cession of the country to the French ; 
and indeed Charlevoix himself represents that matter as 
carried on by a fraud, for, says he, " under pretext of 
seeking theii' advantage, the governour had nothing in 
view, que cle Ics tenir en bridc.^^ 

To these attestations, which are the more to be de- 
pended upon, because they are given by the French 
waiters, whose partiality leads them to confine the 
Five Nations to contracted limits,* we may add, that 
our Indians universally concur in the claim of all the 
lands, not sold to tlie English, from the mouth of Sorel 
river, on the south side of the lakes Erie and Ontario, 
on both sides of the Ohio, till it falls into the Missisip- 
pi ; and on the north side of those lakes, that whole ter- 



* Mr. Bollin wns eni,aiieer of the marine, and tells us that Charlevoix 
performed his travels in tliis conotry by order of the Freneh court ; 
that he was a man of attention and curiosity, and had a determined re- 
solution to collect all possible inlelliojence, which he designed to make 
publick. Too-ive the greater credit to (he Jesuit's history and his own 
map, he adds, that Charlevoix was never Avithout the instruments pro^ 
per for a voyager, " partout la bgussolc a la main." 



220 History of Neiv-York. 

ritory betM een the Outawais river and the lake Huron, 
and even beyond the strei^hts bi^ween that and lake 
Erie. This last tract, and \h<d land on the north side of 
the lakes Erie and Ontario, were contained in their sur- 
render to kinof William, in 1701 ; of whit h I took notice 
in its proper place : and doubtless to that, and Ion) Eel- 
lamont's contest with count Frontenac, we must ascribe 
it, that the Five Nations were afterwards so particular- 
ly taken notice of in the treaty of Utrecht. 

The British title to fort Frontenac, and the lands on 
the north west side of Cadaracqui river, has of late been 
drawn into question by some, who, from jealousy, or 
other motives equally shameful, were bent upon find- 
ing fault with every measure planned by general Shir- 
ley. The advocates for the French claim, relied much 
on a late Map of the middle Bntish Colonies, and two 
pamphlets published by Lewis Evans. 

" The French, says he, being in possession of fort 
Frontenac, at the peace of Ryswick, which they attain- 
ed during their war with the confederates, gives them 
an undoubted title to the acquishion of the northwest 
side of St. Lawrence river, from thence to their settle- 
ment at Montreal." The writer adds ; " it was upon 
the faith and honour of king AVilliam's promise (by 
the fVunth article of the treaty of Ryswick) of not 
disturl-ing the French king in the free possession of 
tie kingdoms, countries, lands, or dominions he then en- 
joyed, tliat I said the French had an undoubted title 
to their acquisition of the northwest side of St. Law- 
rerce liver, from Frontenac to Montreah" 

Whether the treaty ought to be considered, as hav- 
ing any relation to this nratter, is a question which I 
shall not take upon me to determine. The map mak- 



History of New-York, 221 

er supposes it to be applicable, and, for the present, I 
grant it. The xiith article of this treaty is in these 
words : " the most Christian king shall restore to the 
king of Great-Britain, all countries, islands, forts, and 
colonies, wheresoever situated, which the English did 
possess before the declaration of the present war. And 
in like manner, the king of Great Bi itain shall restore 
to the most Christian king, all countries, islands, forts, 
and colonies, wheresoever situated, which the French 
did possess before the said declaration of war." If there- 
fore the British su!)jects were in possession of fortFron- 
tenac at the commencement of the war, the French, 
who attained it during its continuance, according to this 
treaty, ought to have surrendered it to the British crown. 
Whatever the French title to fort Frontenac might 
have been antecedent to the year 1688, in which the 
island of Montreal was invaded by the Five Nations, it 
is certain that it was then abandoned, and that the In- 
dians entered it, and demolished a great part of the 
works.* But the author of the map affirms, " that the 
English did not possess fort Frontenac before the de- 
claration of war terminated by the peace of liyswick." 
To which I reply, that the Indians acquired a title in 
J 688, either by conquest, or dereliction, or both ; and 
that the crown of Great Britain had a right, to take ad- 
vantage of their acquisition, in virtue of its sovereign- 
ty over the Five Cantons. That they were our depend- 
ents, was strongly and often insisted upon by gover- 
nour Dongan and lord Bellamont, and the point re- 
mained sub jvdicey till the treaty of Utrecht. Then a 
decision was solemnly made in our favour, which looks 

* Le fort de Catarocouv etoit ^vacue & ruicd. Charlevoix. 



222 History of New- York. 

back, as the determination of all disputes do, at least as 
far as the first rise of the controversy ; posterior to 
which, and prior to king William's war, his Indian sub- 
jects obtained the possession of the fort in question.* 
Whence I think it may be fairly dedmed, if we take 
the treaty of Ryswick for our rule, that fort Fron- 
tenac, which was regained by tht- French during their 
war with us, ought to have been surrendered to the Bri- 
tish crown. Every publick transaction between the 
French and the Five INations, without the participation 
of the government of Great Britain, since the Indians 
were claimed as our dependents, is, perhaps, absolutely 
void, and particularly the treaty of peace made between 
the Indians and the chevalier De Callieres, after the 
death of count Frontenac.f 

The possession of any part of the country of the 
Five Nations by the French, either before or since the 
close of queen Anne's war, cannot prejudice the Bri- 
tish title, because the treaty of Aix la Chapelle renew^s 
and confirms that executed at Utrecht, in 1713, and ex- 
pressly stipulates, that the dominions of the contracting 
parties shall be in the same condition, which they ought 

* The Five Nations entered the fort in 1688, and the Mar against 
France was not proclaimed till May, 1689. 

t Evan's map and first pamphlet, or analysis, were published in the 
summer, 1 755, and that part in favour of the French claim to Fronte- 
nac, was attacked by two papers in the New- York Mercury, in Jan. 
1756. Th^s occasioned his publication of the second pamphlet the 
next spring, in which he endeavours to support his map. He was a 
man in low circumstances, in his temper precipitate, of violent passions^ 
great vanity, and rude manners. He pretended to the knowledge of 
every thins, and yet had very little learnins;. By his inquisitive turn 
be filled his bead with a considerable collection of materials ; and a per- 



Hislory of Nen-Yorlc. 223 

of rii^lit to have been in before the late war." Commis- 
saries were soon after appointed to adjust the conlrO' 
veiled limits, who accordingly met at Paris, and conti- 
nued the negotiation, till the French king perfidiously 
seized upon several parts of Nova-Scotia, or Acadia, the 
settlement of the bounds of which, was part of the very 
business of the commissaries. This gave rise to the pre- 
sent operations, and the longest sword will deteriuine the 
controversy. 

Brigadier Hunter was disappointed in his expecta- 
tions upon the late dissolution, for though the elections 
were very hot, and several new members came in, yet 
the majority were in the interest of the late assembly, 
and on the 27th of May, 1713, chose Mr. Nicoll into the 
chair. The governour spoke to them with great plain- 
ness, informing them, that it would be in vain to endea- 
vour to lodge the money allotted for the support of go- 
vernment, in any other than the hands of the queen's of- 
ficers. Nevertheless (says he) if you are so resolved, 
you may put the coimtry to the expense of a treasurer 
for the custodyof money raised for extraordinary uses." 
He added, tliat he was resolved to pass no law, till pro- 



son of more judgment than he had, might, for a few days, receive ad- 
vantages from liis conversation. He piqued himself much upon his two 
maps, which are, however, justly chargeable with many errours. His 
ignorance of language is evident, both in them and the two pamphlets 
of his analysis, the last of which is siufTed with groundless aspersions on 
general Shirley, who deserves so well from these colonies, that on that 
account, and to weaken the authority of a map prejudicial to iiis majes- 
ty's rights, 1 beg the reader's excuse for this infraction of the old rule, 
de mortuis nil nisi bonnm. He died at New-York, June 12, 1756, 
under an iirrest for a ffross slander uttered against Mr. Morris, the 
governour of Pennsylvania. 



224 History of New-Yorh 

TJsion was made for the government. The members 
were therefore reduced to the dilemma of passing a bill 
for that purpose, or breaking up immediately. They 
chose the former, and the governour gave his assent to 
that, and an excise bill on strong liquors, vvhicli conti- 
nues to this day, producing into the treasury about one 
thousand pounds per annum. After a short recess, se- 
veral other laws were enacted in the fall. But the debts 
of the government still remained unnoticed, till the sum- 
mer of the year 1714. A long session was then almost 
entirely devoted to that single affair. Incredible were 
the numbers of the publick creditors. New demands 
were every day made. Petitions came in from all quar- 
ters, and even for debts contracted before the revolution. 
Their amount was near twenty-eight thousand pounds. 
To pay this prodigious sum, recourse was had to the 
circulation of bills of credit to that value. Tliese were 
lodged in the hands of the province treasurer, and issu- 
ed by him only, according to the directions of the act. 

The news of the queen's death arriving in the ensu- 
ing fall, a dissolution ensued of course ; and a new 
house met in May, 1715, which continued only to the 
21st of July ; for the governour being now determine 
ed to subdue those whom he could not allure, again 
dissolved the assembly. He succeeded in his design, for 
though Mr. INicoll was re-elected into the chair, on the 
9th of .Tune, 171G, yet we plainly perceive, by the har- 
mony introduced between the several branches of the 
legislature, that the majority of the house were now in 
the interest of the governour. 

An incontestable evidence of their good understand- 
ing appeared at the session in autumn, 1717, when the 
goveraour informed Ihem of a memorial, which had 



History of New-York, 225 

been sent home, reflecting upon his administration. The 
house immediately voted an address to him, which was 
conceived in terms of the utmost respect, testifying 
their abhorrence of the memorial, as a false and mali- 
cious libel. It was supposed to be written by Mul- 
ford, a representative for Suffolk county, who always 
opposed the measiu'es that were taken to preserve the 
friendship of the Five Nations, and foolishly projected 
a scheme to cut them off. It was printed in England, 
and delivered to the members at the door of the house 
of commons, but never had the author's intended ef- 
fect. 

It was at this meeting the council, on the 31st of Oc- 
tober, sent a message by IMr. Alexander, then deputy 
secretary to the house, desiring them " to appoint pro- 
per persons for running the division line between this 
colony and the province of JNew-.Iersey, his excellency 
being assured the legislature of the province of New- 
Jersey will bear half the expense thereof." The as- 
sembly had a bill before them, at that time, which af- 
terwards passed into a law, for the payment of the re- 
maining debts of the government, amounting to many 
thousand pounds ; in which, after a recital of the gene- 
ral reasons for ascertaining the limits between New- 
York and New- Jersey on the one side, and Connecti- 
cut on the other, a clause was added, to defray the ex- 
pense of those services. Seven hundred and fifty 
ounces of plate were enacted " to be issued by war- 
rant, under the hand and seal of the governour of this 
province for the time being, by and with the advice 
and consent of his majesty's council, in such parts and 
portions as shall be requisite for that service, when the 
survey, ascertaining, and running the isaid line, limit, 

29 



226 History of New- York. 

and boundary, shall be begun, and carried on, by the 
n)ulu<il consent and agreement of his excellency and 
council of this province, and the proprietors of the soil 
of the said province of New-Jersey." According to 
this law, the line " agreed on by the surveyors and 
cominissioners of each colony was to be conclusive." 
AniAher sum was also provided by the same clause, 
for running the line between JN'ew-York and Connect- 
icut ; and in the year 1719, an act w'as passed for the 
settlement of that limit, of which I shall have occasion 
to take notice in a succeeding administration. 

Whether i1 was because Mr. Nicoll was disgusted 
with the governour's prevailing interest in tliC house, 
or to his infirm state of health, that he desired, by a 
letter to the general assembly, on the 18th of May, 
1718, to be discharged from the speaker's place, is un- 
certain. His request was readily granted, and Robert 
Livingston, esq. chosen in his stead. The concord be- 
tween the governour and this assembly was now^ wound 
up to its highest pitch. Instead of other evidences of 
it, I shall lay before the reader his last speech to the 
house, on the 24th of June, 1719, and their address in 
answer to it. 

" Gentlemen, 

" I have now sent for you, that you may be witnesses 
to my assent to the acts passed by the general assem- 
bly in this session. I hope that what remains unfinish- 
ed may be perfected by to-morrow, when I intend to 
put a close to this session. 

" I take this opportunity also to acquaint you, that 
my late uncertain state of health, the care of my little 
family, and my private afl'airs, on the other side, have 
at last, determined me to make use of that license of 



History of New- York. 227 

absence, which has been, sometime asjo, so graciously 
granted me ; but with a firm resolution to return to you 
again, if it is his majesty's pleasure that I sh<;u!d do so : 
but if that proves otherwise, I assure you tiiat whilst I 
live, I shall be watchful and industrious to promote the 
interest and welfare of this country, of which, I tliink, 
I am under the strongest obligations, for the future, 
to account myself a countryman. 

" I look with pleasure on the present quiet and flour- 
ishing state of the people here, whilst I reflect on that 
in which I found them at my arrival. As the very name 
of party or faction seems to be forgotten, may it for 
ever lie buried in oblivion, and no strife ever happen 
among you, but that laudable emulation, who shall ap- 
prove himself the most zealous servant and most dutiful 
subject of the best of princes, and most useful member 
of a well established and flourishing community, of 
which you, gentlemen, have given a happy example, 
which I hope will be followed by future assemblies. I 
mention it to yoiu* honour, and without ingratitude and 
breach of duty I could do no less." 

Colonel Morris and the new speaker, were the authors 
of the answer to this speech, though it was signed by all 
the members. Whether Mr. Hunter deserved the eulo* 
gium they bestowed upon him, I leave the reader to de- 
termine. It is certain that few plantation governours 
have the honour to carry home with them such a testi- 
monial as this : 

" Sir, when we reflect upon your past conduct, your 
just, mild, and tender administration, it heightens the 
concern we have for ycm- departure, and makes our 
grief such as words cannot truly express. You have 
governed well and widely, like a prudent magistrate. 



228 History oj New-York, 

like an afiectionate parent ; and wherever you go, and 
whatever station the Divine Providence shall please to 
assign you, our sincere desires and prayers for the hap- 
piness of you and yours, shall ahvays attend you. 

" We have seen many governours, and may see more ; 
and as none of those, who had the honour to serve in 
your station, were ever so justly fixed in the affections 
of the governed, so those to come will acquire no mean 
reputation, when it can be said of them, their conduct 
has been like yours. 

" We thankfully accept the honour you do us, in call- 
ing yourself our countryman ; give us leave then to 
desire, that you will not forget this as your country, 
and, if you can, make haste to return to it. 

" But if the service of our sovereign will not admit of 
what we so earnestly desire, and his commands deny us 
that happiness ; permit us to address you as our friend, 
and give us yoiu' assistance, when we are oppressed 
with an administration the reverse of yours." 

Colonel Hunter departing the province, the chief com- 
mand devolved, the 31st of July, 1719, on Peter Schuy- 
ler, esq. then the eldest member of the board of council. 
As he had no interview with the assembly during his 
short administration, in which he behaved with great 
moderation and integrity, there is very little observa- 
ble in his time, except a treaty, at Albany, with the In- 
dians, for confirming the ancient league ; and the trans- 
actions respecting the partition line between this and 
the colony of New-.Tersey : concerning the latter of 
which, I shall now lay before the reader a very sum- 
mary account. 

The two provinces were originally included in the 
§rant of king Charles to the duke of York. iNew-Jer- 



History of New-York. 229 

sey was afterwards conveyed by the duke to lord Berk- 
ley and sir George Carteret. This again, by a deed of 
partition, was divided into East and West Jersey, the 
former being released to sir George Carteret, and the 
latter to the assigns of lord Berkley. The line of di- 
vision extended from little Egg Harbour to the north 
partition point on Delaware river, and thus both those 
tracts became concerned in the limits of the province 
of New-York. Tlie original rights of lord Berkley and 
sir George Carteret, are vested in two different sets, 
consisting each of a great number of persons, known by 
the general name of the proprietors of East and West 
Jersey, who, though they surrendered the powers of 
government to queen Anne, in the year 1702, still retain- 
ed their property in the soil. These were the persons 
interested against the claim of New-York. It is agreed, 
on all sides, that the deed to New-Jersey is to be first 
satisfied out of that great tract granted to the duke, 
and that the remainder is the right of New- York. The 
proprietors insist upon extending their northern limits 
to a line drawn from the latitude of 4i° 40 on Delaware, 
to the latitude of 41* on Hudson's river ; and alledge 
that before the year 1671, the latitude of 41", was reput- 
ed to be fourteen miles to the northward of Tappan 
creek, part of those lands being settled under New- Jer- 
sey till 1684. They farther contend, that in 1684 or 
1685, Dongan and Lawrie, (the former governour of 
New- York, and the latter of New-Jersey) with their 
respective coimcils agreed that the latitude on Hud- 
son's river was at the mouth of Tappan creek, and that 
a line from thence to the latitude of 41° 40' on Dela- 
ware should be the boundary line. In 1686, Robinson^ 



230 History of New- York, 

Wells, and Keith,* surveyors of the three several pro- 
vinces, took two observations, and found the latitude of 
41° to be r and 25 ' to the northward of the Yonker's 
mills, which is four miles and foily-five chains to the 
southward of the mouth of Tappan creek. But against 
these observations the proprietors offer sundry objec- 
tions, which it is not my business to enumerate. It is 
not pretended by any of the litigants, that a line, ac- 
cording to the stations settled by Dongan and Lawrie, 
^vas actually run ; so that the limits of these contend^ 
ing provinces must long have existed in the uncertain 
conjectures of the inhabitants of both ; and yet the in- 
conveniences of this unsettled state, through the infancy 
of the country, w ere very inconsiderable. In the year 
1701, an act passed in New- York, relating to elections, 
which annexed Wagachemeck, and great and little Min- 
isink, certain settlements near Delaware, to Ulster 
county. The intent of this law was to quiet disputes 
before subsisting between the inhabitants of those 
places, whose votes were required both in Orange and 
Ulster. The natural conclusion from hence, is that 
the legislature of New-York then deemed those planta- 
tions not included within the New-Jersey grant. 

Such was the state of this atfair till the year 1717, 
when provision was made by this province for running 
the line. The same being done in New-.Tersey the suc- 
ceeding year, commissions for that purpose, under the 
great seals of the respective colonies, were issued in 
May, 1719. The commissioners, by indenture, dated 
the 25th of July, fixed the north station point on the 

* The same who left the qnakers, and took orders in the church of 
England. Burnet's hist, of his own times. 



History of New-York. 231 

northermost branch of Delaware, called the Fish-Kill ; 
and from thence a random line was run to Hudson's 
river, terminating about five miles to the northward of 
the mouth of Tappan creek. In August the surveyors 
of East Jersey met for fixing the station on Hudson's 
river. All the commissioners not attending, through 
sickness, nothing further was done. What had already 
been transacted, however, gave a general alarm to ma- 
ny persons interested in several patents under New- 
York, who before imagined their rights extended to the 
southward of the random line. The New-York survey- 
or afterwards declined proceeding in the work, com- 
plaining of faults in the instrument, which had been 
used in fixing the north station on Delaware. The 
proprietors, on the other hand, think they have answer- 
ed his objections, and the matter rested, without much 
contention, till the year 1740. Frequent c[uarrels 
multiplying after that period, relating to the rights of 
soil and jurisdiction southward of the line in 1719, a 
probationary act was passed in New- Jersey, in Febru- 
ary, 1748, for running the line ex parte, if the province 
of New-York refused to join in the work. Our assem- 
bly, soon after, directed their agent to oppose the king's 
confirmation of that act ; and it was accordingly drop- 
ped, agreeably to the advice of the lords of trade, 
whose report of the 18th of July, 1753, on a matter of 
so much importance, will doubtless be acceptable to 
the reader. 

" To the king's most excellent majesty : 
" May it please your majesty, 
" AVe have lately had under our consideration, au 
act passed in your majesty's province of New-Jersey, in 



232 History of New-York. 

1747-8, entitled, an act for running and ascertainina; the 
line of partition and division betwixt this province of 
New-Jersey, and the province of New-York. 

" And having been attended by Mr. Paris, solicitor 
in behalf of the proprietors of the eastern division of 
New- Jersey, with Mr. Hume Campbell and Mr. Hen- 
ley, his counsel, in support of the said act ; and by Mr. 
Charles, agent for the province of New-York, with Mr. 
Forrester and Mr. Pratt, his counsel, against tlie said act ; 
and heard what each party had to ofier thereupon ; we 
beg leave humbly to represent to your majesty, that 
the considerations which arise upon this act are of two 
sorts, viz. such as relate to the principles upon which it 
is founded, and such as relate to the transactions and 
circumstances which accompany it. 

" As to the first, it is an act of the province of New- 
Jersey interested in the determination of the limits, and 
in the consequential advantages to arise from it. 

" The province of New-Jersey, in its distinct and sep- 
arate capacity, can neither make nor establish bounda- 
ries : it can as little prescribe regulations for deciding 
differences between itself and other parties concerned 
in interest. 

" The established limits of its jurisdiction and terri- 
tory, are such as the grants under which it claims have 
assigned. If those grants are doubtful, and difierences 
arise upon the constructions, or upon the matters of 
them, Ave humbly apprehend that there are but two 
methods of deciding them : either b}' the concurrence 
of all parties concerned in interest, or by the regular and 
legal forms of judicial proceeding : and it appears to 
us, that the method of proceeding must be derived from 
the immediate authority of the crown itself, signified by 



History of New- York. 233 

a commission from your majesty under the great seal ; 
the commission of subordinate oificers and of derivative 
powers being neither competent nor adequate to such 
purposes : to judge otherwise would be, as we hu!ni)ly 
conceive, to set up ex parte deteraiinations and inc) n- 
petent jurisdictions in the place of justice and legal au-' 
thoritv. 

" If tiie act of New-Jersey cannot conclude other par- 
ties, it cannot be effectual to the ends proposed ; and 
that it would not be effectual to form an absohite de- 
cision in this case, the legislature of that province seems 
sensible, whilst it endeavours to leave to your majesty's 
determination the decision of one point relative to this 
matter, and of considerable importance to it ; which 
power your majesty cannot derive from them, without 
their having the power to establish the thing itself, with- 
out the assistance of your majesty. 

" As we are of opinion that the present act, without 
the concurrence of other parties concerned in interest, 
is unwarrantable and ineffectual ; we shall, in the next 
place, consider what transactions and proceedmgs have 
passed, towards obtaining such concurrence. 

" The parties interested are your majesty and the 
two provinces of New- York and New-Jersey. Your 
majesty is interested with respect to your sovereignty, 
seigneurie, and property ; and the said provinces with 
respect to their government and jurisdiction. 

" With regard to the transactions on the part of New- 
York, we beg leave to observe, that whatever agree- 
ments have been made formerly between the two provin- 
ces for settling their boundaries ; whatever acts of assem- 
bly have passed, and whatever comsiii&.-jions have been 
issued by the respective governoiu'f) and govexumtiutsi. 

30 



234 History of Neiv-York. 

tlie proceedings under them have never been perlected, 
the work remains unfinij^hed, and the disputes between 
the two provinces subsist with as much contradiction as 
ever ; but there is a circumstance that appears to us to 
have still more weight, namely, that those transactions 
were never properly w arranted on the part of the crown ; 
the crown never pailicipated in them, and, therefore* 
cannot be bound with respect to its iriterests by pro- 
ceedings so authorised. 

" The interest which your majesty has in the deter- 
mination of this boundary, may be considered in three 
lights : either as interests of sovereignty, respecting 
mere government ; of seigneurie, which respect es- 
cheats, and quitrents ; or of property, as relative to the 
soil itself ; which last interest takes place in such cases 
where either } our majesty has never made any grants 
of the soil, or where such grants have, by escheats, re- 
verted to your majesty. 

" With regard to the first of these interests, viz. that 
of sovereignty, it has been alledged to us in support of 
the act, that it is not materially affected by the question, 
as both provinces are under your majesty's immediate 
direction and government : but they stand in a very dif- 
ferent light with respect to your majesty's interest in 
the quitrents and escheats ; in both which articles the 
situation of the two provinces appears to us to make a 
very material alteration : for although the province of 
]\ew-Jersey is not under regulations of propriety or 
charter with respect to its goveriiiuent, yet it is a pro- 
prietary province with respect to the grant and tenure 
of its territory, and consequently as JNev»'-York is not 
in that predicament, the deterndnation of the boundary 
pi prejuciice to that province, will alFect your majesty's 



History of Nov- York. 235 

interest with respect to the tenure of such lands as are 
concerned in this question : it being evident, that wliat- 
ever districts are supposed to be included in the iiiiiils 
of New-Jersey, will inimediately pass to the proprietors 
of that province, and be held of tliem, by wliicli sneans 
your majesty would be deprived of your esciieats, and 
therjuitrents would pass into other hands. 

" To obviate this objection, it has been alledged, that 
the crown has already made absolute grants of the whole 
territory that can possibly come in question under the 
denomination of this boundary, and reserved only tri- 
fling and inconsiderable quitrents on those grants. But 
this argument does not seem to us to be conclusive, 
since it admits an interest in your majesty, the greatness 
or smallness of which is merely accidental ; and there- 
fore does not affect the essence of tiie question : and 
we beg leave to observe, that in the case of exorbitant 
grants with inconsiderable quitrents ; and where, conse- 
quently, it may reasonably be supposed, that the crown 
has been deceived in such grants by its officers ; your 
majesty's contingent right of property in virtue of your 
seigneurie, seems rather to be enlarged than diminish- 
ed. 

" This being the case, it appears to us, that gover- 
nour Hunter ought not to have issued his commission 
for running the line above mentioned, without having 
previously received the royal direction and instruction 
for that purpose ; and that a commission issued without 
such authority, can be considered, with respect to the 
interests of the crown, in no other light than as a 
mere nullity : and even with respect to New- York, we 
observe, that the said commission is questionable, as it 
does not follow the directions of the above mentioned 



236 History of New-York. 

act, passed in 1717, which declares that the commission 
to be issued, shall be granted under the joint authority 
of the 2;overnour and council of that province. 

" But it has been further urged that the crown has 
since confirmed these transactions, either by previous 
declarations, or by subsequent acquiescence, and con- 
se«{uently participated in them, so far as to conclude 
itself : we shall therefore, in the next place, beg leave 
to consider the ciiciui'stances urged for this purpose. 

" It has been alledged that the crown, by giving con- 
sent to the aforesaid act, passed in New-York, in 1717, 
for paying and discharging several debts due from that 
colony, &c. concluded and bound itself with respect to 
the subsequent proceedings had under the commission 
issued by governour Hunter : but the view and purport 
of that act appears to us so entire, and so distinctly 
formed for the purpose of raising money and establish- 
ing funds — so various and so distinct from any conside- 
ration of the disputes subsisting in the two provinces, 
with respect to the boimdaries — that Ave cannot con- 
ceive a single clause, in so long and so intricate an act, 
can be a sufficient foundation to warrant the proceed- 
ings of governour Hunter subsequent to it, without a 
special authority from the crown for that purpose : and 
there is the more reason to be of this opinion, as the 
crown, by giving its assent to that act, can be constru- 
ed to have assented only to the levying money for a 
future purpose ; which purpose could not be eliected 
by any commission, but from itself; and, therefore, can 
never be supposed to have, thereby, approved a com- 
mission from another authority, which was at that time 
already issued, and carrying in execution, previous to 
^uch assent 



History of Nciv-York. 237 

" We further beg leave luimbly to represent to your 
majesty, that the line of partition and division between 
your majesty's province of J\e\v-York and colony of 
Connecticut, having been run and ascertained, piu'su- 
ant to the directions of an act, passed at New-York, 
for that purpose, in the ;,'ear 1719, and confirmed by 
his late majesty, in 1723 ; the transactions between the 
said province and colony, upon that occasion, have 
been alledged to be similar to, and urged as a prece- 
dent, and even as an approbation, of the matter now in 
question : but we are humbly of opinion, that the two 
cases are materially and essentially different. The act 
passed in New^-York, in 1719, for running and ascer- 
taining the lines of partition and division between that 
colony and the colony of Connecticut, recites, that in 
the year 1 683, the governour and council of New^-York, 
and the governour f:nd commissioners of Connecticut, 
did, in council, conclude an agreement concerning the 
boundaries of the two provinces ; that, in consequence 
of this agreement, commissioners and surveyors were 
appointed on the part of each government, who did ac- 
tually agree, determine, and ascertain the lines of par- 
tition ; marked out a certain part of them, and fixed 
the point from whence the remaining part should 
be run : that the several things agreed on and done by 
the said commissioners, were ratified by the respective 
governours — entered on record in each colony, in 
March, 1700 — approved and confirmed by order of 
king William the third, in his privy council — and by 
his said majesty's letter to his governour of New- York. 
From this recital it appears to us that those transac- 
tions were not only carried on with the participation, 
but confirmed by the express act and authority of the 



238 History of Nerv-YorTc. 

crown ; and that confirmation made the foundation of 
the act, passed by New-York, for settling the bounda- 
ries between the two provinces ; of all which authority 
and foundation, the act, we now lay before your majes- 
ty, appears to us to be entirely destitute. 

" Upon the whole, as it appears to us, that the act in 
question cannot be effectual to the ends proposed — 
that your majesty's interest may be materially affected 
by it — and that the proceedings on which it is founded, 
were not warranted in the first instance by the proper 
authority, but carried on without the participation of 
the crown ; we cannot think it advisable to lay this 
act before your majesty, as lit to receive your royal 
approbation. 

" Which is most humbly submitted, 

" Dunk Halifax. 
" J. Grenville, 
" James Oswald, 

" Andrew Stone. 
« Whitehall, July 18, 1753." 



HISTORY OF NHW-YORK. 



PART y. 

From the year 1720, to the commencement of the Adr 
ministration of Colonel Cosbi/, 



William BURNET, esq. took upon him the ga. 
vermnent of this province, on the 17th of September, 
1720. Tlie council, named in his instructions, were 
Colonel Schuyler, Mr. Barbarie, 

Colonel De Peyster, Mr. Philipse, 

Captain Walter, Mr. Byerly, 

Colonel Beekman, Mr. Clarke, 

jMr. Van Dam, Dr. .Johnson, 

Colonel Heatlicote, Mr. Harison. 

Mr. Burnet was a son of the celebrated bishop of that 
name, whose piety and erudition, but especially his zeal 
and activity for the glorious revolution and protestant 
succession, will embalm his memory to the most distant 
ages. The governour was a man of sense and polite 
breeding, a well read scholar, sprightly, and of a social 
disposition. Being devoted to his books, he abstained 
from all those excesses into which his pleasurable relish 
would otherwise have plunged him. He studied the arts 
of recommending himself to the people, had nothing of 
the moroseness of a scholar, was gay and condescending, 
affected no pomp, but visited every family of reputa- 
tion, and often diverted himself in free converse with 



246 History of New-York. 

the ladies, by whom he was very much admired. No 
governour, before him, did so much business in chan- 
cery. The office of chancellor Avas his deli,<;lit. He 
made a tolerable figure in the exercise of it, though he 
was no lawyer, and had a foible very unsuitable for a 
judge, I mean his resolving too speedily ; for he used to 
say of himself, " I act first, and liiink afterwards." He 
spoke however always sensibly, and by his great reading 
was able to make a literary parade. — As to his fortune 
it was very inconsiderable, for he sutFered much in the 
South Sea scheme. While in England, he had the of- 
fice of comptroller of the customs at London, which he 
resigned to brigadier Hunter, as the latter, in his favour, 
did the government of this and the colony of New-Jer- 
sey. Mr. Burnefs acquaintance with that gentleman 
gave him a fine opportunity, before his arrival, to ob- 
tain good intelligence both of persons and things. The 
brigadier recommended all his old friends to the favour 
of his successor, and hence we find that he made few 
changes amongst them.* IMr. Morris, the chief justice, 
was his principal confidant. Dr. Colden and Mr. Alex- 
ander, two Scotch gentlemen, had the next place in his 
esteem. He shewed his wisdom in that choice, for they 
were both men of learning, good morals, and solid 
parts. The former was well acquainted with the af- 
fairs of the province, and particularly those which con- 
cerned the French in Canada and our Indian allies. The 
latter was bred to the law ; and, though no speaker, at 



* Colonel Schuyler and Mr. Philipse were, indeed, removed from 
the council board, by his representations ; and their opposing, in coun- 
cil, the continuance of the assembly, after his arrival, was the cause 
©fit. 



History oj New-York. 241 

the bead of his profession for sao;acityand penetration; 
and in application to business no man coul 1 surpass 
hi !i. Nor was he unacquainted with the atCiirs of the 
puhliclv, bavinj^ served in the secretary's office, the best 
school in the province, for instruction in matters of go- 
vernment ; because the secretary enjoys a phirality of 
offices, conversant with the first springs of our provin- 
cial economy. Both those gentlemen Mr. Burnet soon 
raised to the council board, as he also did Mr. Morris, 
jun. Mr. Van Horn, whose daughter he married, and 
Mr. Kennedy, who succeeded Byerly, both at the coun- 
cil board, and in the office of receiver general. 

Of all our governours none had such extensive and 
just views of our Indian atlliirs, and the dangerous neigh- 
bourhood of the French, as governour Burnet, in which 
Mr. Livingston was his principal assistant. His atten- 
tion to these matters appeared at the very comaience- 
ment of his administration, for in his first speech to the 
assembly, the very fall after his arrival, he laboured to 
implant the same sentiments in the breasts of the mem- 
bers ; endeavouring to alarm their fears, by the daily ad- 
vances of the French, tlieir possessing the main passes, 
seducing our Indian allies, and increasing their new set- 
tlements in Louisania. 

Chief justice Morris, whose influence was very great 
in the house, drew the address in answer to the gover- 
nour's speech, which contained a passage manifesting 
the confi lence they reposed in him. " We believe that 
the son of that worthy prelate, so eminently instrumen- 
tal under our glorious monarch, William the tliird, in 
delivering us from arbitrary power, and its concomitants, 
popery, superstition, and slavery ; has been educated 
in, and possessey^ ttiose principles, that so justly recom' 

31 



242 History of New-York. 

jnended lils father to the council and confidence of pro- 
testant princes ; and succeeds our former governour, 
not only in power, but inclination, to do us good.'* 

from an assembly, impressed with such favourable 
sentiments, his excellency had the highest reason to ex- 
pect a submissive compliance with every thing recom- 
mended to their notice. The publick business proceed- 
ed witliout suspicion or jealousy, and nothing intervened 
to disturb the tranquility of the political state. Among 
the most remarkable acts, passed at this session, we may 
reckon that for a five years support ; another for lay- 
ing a duty of two percent, prime cost, on the imporla- 
ti(m of European goods, which was soon after repealed 
by the king ; and a third, for prohibiting the sale of In- 
dian goods to the French. The last of these was a fa- 
vourite act of the governour's and though a law very ad- 
vantageous to the province, became the source of an 
unreasonable opposition against him, which continued 
through his whole administration. From the conclusion ' 
of the peace of Utrecht, a great trade was carried on be- 
tween Albany and Canada, for goods saleable among 
the Indians. The chiefs of the confederates wisely fore- 
saw its ill coiisequences, and complained of it to the 
commissioners of Indian affairs,* who wrote to Mr. Hun- 



* The ^overnour's i-esiding at Nf'w-York, rendered it necessnr}" that 
some person ^ should be commissioned, at Albany, to receive inlcllio;nnce 
from the Indians, and treat with them upon emergencies. This gave 
rise to the oifice of commissioners of Indian affairs, who, in general, 
transact all sucli matters as might be done by the governour. They 
receive no salaiies, but considerable sums are deposited in their hands 
for occAsiooal presents. There are regular minutes of their transuc- 
tiotis from the year 1'j75. These were in separate quires, till Mr. 
Alexauder, who borrowed Ihcm for his perusal, in 1751, liaJ them 



Hislory oj New-York. 243 

ler, acquainting him of their dissatisfiiction. Tlic letter 
was laid before the house, but no eilectual step taken 
to prevent the mischief, till the passing of this act, which 
subjected the traders to a forfeiture of the effects sold, 
and the penalty of 100/. ]\ir. Burnet's scheme uas to 
draw the Indian trade into our own hands ; to obstruct 
the comuiunication of the French with our allies, which 
gave them frequent opportunities of seducing tliem from 
their fidelity ; and to regain the Caghnuagas, who be- 
came interested in their disaffection, by being tlie car- 
riers between Albany and Montreal. Among those who 
were more immediately prejudiced by this new regula- 
tion, the importers of those goods, from Europe, were 
the chief; and hence the spring of their opposition to 
the governour. 

All possible arts were used, both here and at home, 
to preserve the good temper of the assembly. Briga- 
dier Hunter gave tlie ministry such favourable accounts 
of the members, that colonel Schuyler, during his presi- 
dentship, had orders from Mr. secretary Craggs, neither 
to dissolve them himself, nor permit them to be dissolv- 
ed ; and at the spring session, in the year 1721, Mr. 
Burnet informed theui tliat liis continuance of them 



bound up in four large volumes in folio. Here all our TiidiaR. treaties 
are entered. The books are Lept by a Eecretary, comnxi^&ioned in 
Eiifiland, whose appointment is aa annual salary of one huridi:ed pcuiuls 
proclamation out of the quitrents. The commandant at Oswego is 
generally a commissioner. The office would probably have been 
more advantageous than it has been, if the commissioners were not trad- 
ers ihemselvcs, than which nothing is more ignoble iq the judgment of 
the Indians, Sir William JohnKon is at present the sole commissioner, 
and, within nineuionlhs after the arrival of general Braddock, received 
10,0001. sterling to secure the Indian interest. 



244 History of New- York. 

was hi<jjlily approved at home. Horatio Walpole, the 
auditor general, who had appointed Mr. Clarke for his 
deputy, thought this a favourable conjuncture for pro- 
curing five per cent, out of the treasury. But the house 
were averse to his application, and, on the 2d of .1 une, 
Abraham De Peyster, jun. was appointed treasuier by 
the speaker's warrant, with the consent of the governour, 
in the room of his fatlier, who was infirm ; upon which 
he entered into a recognizance of 5000/. to the king, be- 
fore a judge of the supreme court, for the faithful exe- 
cution of liis trui-t, which was lodged in the secretary's 
office. The house, at the same time, in an address, de- 
clared their willingness that the treasurer should ac- 
count ; but utterly refused to admit of any draughts up- 
on the treasury, for the auditor general, who was con- 
strained to depend entirely upon the revenue, out of 
which he received about 200/. per annum. 

iVlr. Burnet being well acquainted with the geography 
of the country, wisely concluded that it was, to the 
last degree, necessary to get the command of the great 
lake Ontario as well for the benefit of the trade, and 
the security of the friendship of the Five Nations, as to 
frustrate the French designs of c(»nfining the English 
colonies to narrow limits, along the sea coast, by a chain 
of forts on the great passes from Canada to Louisania. 
Towards the subversion of this scheme, he began the 
erection of a trading house at Oswego, in the country 
of the Senecas, in 1 722 ; and recommended a provision 
for the residence of trusty persons among them, and the 
Onondagas, which last possess the centre of the five 
cantons. This year was remarkable for a congress of 
several governours and commissioners, on the renewal, 
of tlie ancient friendsliip with the Indians at Albany, 



History of New- York. 245 

Mr. Burnet prevailed upon them to send a message to 
threaten the eastern Indians with a war, unless they 
concluded a peace with the Eno;lish, who were very 
much harrassed by their frequent irruptions. On the 20th 
of May, in the year following, the confederates were 
augmented by their reception of above eiglity INica- 
riagas, besides women and children, as they had been 
formerly, by the addition of the Tuscaroras. Tiie coun- 
try of tlie Nicariagas was on the north side Messilima- 
kinac, but the Tuscaroras possessed a tract of land near 
the sources of .James's river, in Virginia, from whence 
the encroach:nents of the English induced them to re- 
move, and settle near the south east end of the Oneyda 
lake. 

The strict union subsisting between the several 
branches of the legislature, gave a handle to Mr. Bur- 
net's enemies to excite a clamour against him. Jea- 
lousies were industriously sown in the breasts of the 
people. The continuance of an assembly, after the ac- 
cession of a new governour, was represented as an anti 
constitutional project : and tliough tlie aifliirs of the 
pu'dick were conducted with wisdom and spirit, 
many were so much imposed upon, that a rupture 
between the governour and the assembly was thought 
to be absolutely necessary for the weal and safety 
of the community. But this was not the only stra- 
tagem of tliose who were disaffected by the prohibition 
of the French trade. The London merchants were in- 
duced to petition the king for an order to his gover- 
nour, prohibiting the revival of the act made against it, 
or the passing any new law of that tendency. The pe- 
tition was referred to the board of trade, and backed 
before their lordships, with suggestions of the most no- 
torious falsehoods. The lords of trade prudently ad- 



246 History oj New-York. 

Tised that no such directions should be sent to Mr. 
Burnet, till he had an opportunity of answering the ob- 
jections against the act. They were accordingly sent 
over to liim, and he laid them before his council. Ur. 
Colden and Mr. Alexander exerted themselves in 
a memorable report in answer to them, which drew up- 
on them the resentment of several .merchants here, who 
had first excited the London petition, and laid the foun- 
dation for a variance between their families, which has 
manifested itself on many occasions. Injustice to Mr. 
Burnet's memory, and to show the propriety of his 
measures for obstructing the French trade, I cannot re- 
frain the republication of the counciFs report at full 
length. 

" 31(11/ it please your excellenci/, 

' In obedience to yoiu* excellency's commands, in 
council, the 29th of October, referring to us a petition 
of several merchants in London, presented to the king's 
most excellent majesty, against renewing an act passed 
in this province, entitled, " an act for encouragement of 
the Indian trade, and rendering it more effectual to the 
inhabitants of this province, and for prohibiting the 
selling of Indian goods to the French :" as likewise the 
several allegations of the said merchants before the 
right honourable the lords of trade and plantations, we 
beg leave to make the following remarks. 

" In order to make our observations the more dis- 
tinct and clear, we shall gather together the several 
assertions of the said merchants, both in their petition, 
and delivered verbally before the lords of trade, as to 
the situation of this province, with respect to the 
French and Indian nations ; and observe on them, in 
the first place, they being the foimdation on which all 
their other allegations are grounded. Afterwards we 



History of New-Yoi'k, 247 

shall lay before your excellency what we think neces- 
sary to observe on the other parts of the sail petition, 
iii the order they are in the petition, or in the report of 
the lords of trade. 

' In their geographical accounts they say, " besides 
the nations of Indians that are in the English interest, 
there are very many nations of Indians who are at pre- 
sent in the interest of the French, and who lie between 
New-York and the nations of Indians in the English 
interest. The French and their Indians would not per- 
mit the English Indians to pass over by their forts." 
The said act " restrains them, (the Five Nations) from 
a free commerce with the inhabitants of New-York." 

" The Five Indian Nations are settled upon tiie 
banks of the river St. Lawrence, directly opposite to 
Quebec, two or three hundred leagues distant from the 
nearest British settlements in New- York." 

" They (the Five Nations of Indians) were two or 
three hundred leagues distant from Albany ; and that 
they could not come to trade with the English, but by 
going down the river St. Lawrence, and from tlience 
through a lake, which brought them within eighteen 
leagues of Albany." 

* These things the merchants have thought it safe for 
them, and consistent with their duty to his sacred ma- 
jesty, to say in his majesty's presence, and to repeat 
theiu afterw^ards before the right honourable the lords 
of trade, though nothing can be more directly contra- 
ry to the trutiK For there are no nations of liidiatis 
between New- York and the nations of Intiians in the 
English interest, ^vho are now six in number, by the ad- 
dition of tlie Tusqaroras, The Mohawks (called An- 



248 History of New-York. 

nies^by the French) one of the Five Nations, live on 
the south si^le of a branch of Hudson's river, (not on the 
north side, as they arc placed in the French ina])s) and 
but forty miles directly west from Albany, and within 
the Englisl) settlements ; some of the English farms, up- 
on the same river, beinuj thirty miles further west. The 
Oneydas (the next of tlie Five Nations) lie likewise west 
from Albany, near the head of the Mohawks' river, 
about one Imndred miles from Albany. The Ononda- 
gas lie about one lujndred and thirty miles west from 
Albany ; and the Tuscaroras live partly with the Oney- 
das, and partly with the Onondagas-f The Cayugas are 
about one hundred and sixty miles from Albany ; and 
the Senecas, (the furthest of all these nations,) are not 
above two hundred and forty miles from Albany, as 
may appear from Mr. De L'Isle's map of Louisania, 
who lays down the Five Nations under the name of Iro- 
quois : and goods are daily carried, from this province, 
to the Senecas, as well as to those nations that lie near- 
er, by w^ater, all the way, except three miles (or, in the 
dry seasons, five miles) where the traders carry over 
land between the MohaAvks' river and the Wood creek, 
which runs into the Oneydas' lake, without going near 
either St. Lawrence river, or any of the lakes upon 
which the French pass, which are entirely out of their 
way. 

* The nearest French forts or settlements to Albany, 
are Chambly and Montreal, both of them lying about 
north and by east from Albany, and are near two hun- 
dred miles distant from it. (Quebec lies about three 
hiuidred and eighty miles northeast from Albany. So 

* Agnies, f De L'lsle; 



History oj New-Yortc. 249 

far is it from bein^ tiue that the Five Nations are situ- 
ated upon the banks of tlie river St. Lawrence, oppo-- 
site to Q.uebec, tliat Albany lies almost directly be- 
tween Quebec and the Five INations. And to say that 
these Indians cannot come to trade at Albany, but by 
going down the river St. Lawrence, and then into a lake 
eighteen leagues from Albany (we suppose they mean 
lake Cliamplain) passing by the French forts, is to the 
same purpose as if they should say, that one cannot go 
from London to Bristol, but by way of Edinburgli. 

* Before we go on to ob-erve other particulars, we 
beg leave further to remark, that it is so far from being 
true, that the Indians in the French interest, lie between 
New- York and our Five Nations of Indians ; that some 
of our nations of Indians lie between the French and 
the Indians, from whence the French bring the far 
greatest quantity of their furs : for the Senecas (whom 
the French call Sonontouons *) are situated between 
lake Erie and Cadaracqui lake, (called by the French, 
Ontario) near the great fall of Iagara,t by which all the 
Indians that live round lake Erie, round the lake of the 
Hurons, round the lake of the Illinois, or Michegan, 
and round the great upper lake, generally pass in their 
way to Canada. All the Indians situated upon the 
branches of the Missisippi, must likewise pass by the 
same place, if they go to Canada. And all of them like- 
wise, in their way to Canada, pass by our trading place 
upon the Cadaracqui lake, at the mouth of the Ononda- 
ga river. The nearest and safest way of carrying goods 
upon the Cadaracqui lake, towards Canada, being along 

* IsonnontouRns. 

f Sometimes Uniagara, Ochniagara, but commonly JNiagara. 

32 



250 History of Nav-York. 

llip south side of that lake, (near where our Trd'ans are 
settled, and our trade of late is fixed) and not b) tLe 
north side and Cadaracqui, or Frontenac fort, where the 
French are settled. 

* Now that we have represented to your excellency 
that not one word of the geography of these merchants 
is tiue, upon which all their reasoning is founded ; it 
might seem needless to trouble your excellency with 
any further remarks, were it not to show with what 
earnestness they are promoting the French interest, to 
the prejudice of all his majesty's colonies in JNoith 
America, and that they are not ashamed of asserting any 
thing for that end, even in the royal presence. 

* First they say, " that by the act passed in this pro- 
vince, entitled, an act for the encouragemerst of the In- 
dian trade, &c. all trade whatsoever is prohibited in 
the strictest manner, and under the severest penalties, 
between the inhabitants of New-York government, and 
the French of Canada." 

* This is not true ; for only carrying goods to the 
French, which are proper for the Indian trade, is pro- 
hibited. The trade, as to other things, is left ia the 
same state it was before that act was made, as it will ap- 
pear to any person that shall read it : and there are, 
yearly, large quantities of other goods, openly, carried 
to Canada, Avithout any hindrance from the government 
of New- York. Whatever may be said ofthe severity 
and penalties in that act, they are found insufficient to 
drter some from carrying goods ( landestinely to the 
I rench ; and the legislature of this province are conviiic- 
ed that no penalties can be too severe to prevent a 
trade, which puts the safety of all his majesty's subjects 
of North America in tlie greatest danger. 



History of New- York. 251 

* Their next assertion is, " all the Indian goods have 
by Ihis act been raised 251. to 30/. per cent." Tliis is 
the ()nly allegation in the whole petition that there is 
any ground for. Nevertheless, tliough the common chan- 
nel of trade cannot be altered without some detriaient 
to it in the beginning ; we are assured from the custom 
house books, that there has been every year, since the 
passing of this act, more furs exported from New- York, 
than in the year immediately before Ihe passing of this 
act. It is not probable that the greatest difference be- 
tween the exportation, any year before this act, and an}^ 
year since, could so much alter the price of beaver, as 
it is found to be this last year. Beaver is carried to Bri- 
t tin from other parts besides New-York, and it is cer- 
tain that the price of beaver is not so much altered here 
by the quantity in our market, as by the demand for it 
in Britain. But as we cannot be so well informed here, 
what occasions beaver to be in greater demand in Bri- 
tain, we must leave that to be enquired after in England. 
However, we are fully satisfied that it will be found to 
be for very different reasons from w hat the merchants 
alledge. 

* The merchants go on and say, " whereas, on the 
other hand, this branch of the New- York trade, by the 
discouragements brought upon it by this act, is almost 
wh )lly engrossed by the French, who have already, by 
this act, been encouraged to send proper European 
goods to Canada, to carr}' on this trade, so that should 
this act be continued, the New-York trade, which is 
very considerable, must be wholly lost to us, and cen- 
tre in tlie French. — Though New- York shoidd not fur- 
nish them, the French would find another way to be 
supplied therewith, eiiherfrom some other Ox' his majes^ 



252 History of New-York. 

ty's plantations, or it mioht be directly from Europe. — 
Many of the goods, which the Indians want, being as 
easy to be had directly from France or Holland, as 
from Great Britain." 

* This is easily answered, by informing your excel- 
lency that the principal of the goods proper for the In- 
dian market, are only of the manufactures of Great Bri- 
tain, or of the British plantations, viz. strouds, or stroud- 
waters, and other woollens, and rum. — The French 
must be obliged to buy all their woollens (the strouds 
especially) in England, and thence carry them to 
France, in order to their transportation to Canada. 

* The voyage to Gtuebec, through the i)ay of St. Law- 
rence, is well known to be the most dangerous of any 
in the world, and only practicable in the summer 
months. The French have no commodities in Canada, 
by reason of the cold and barrenness of the soil, proper 
for the West-India markets ; and therefore have no rum 
but by vessels from France, that touch at their islands 
in the West-Indies. New- York has, by reason of its si- 
tuation, both as to the sea and the Indians, every way 
the advantage of Canada. The New-York vessels make 
always two voyages in a year from England, one in 
summer, and another in winter, and several voyages in 
a year to the West-Indies. It is manifest, therefore, 
that it is not in the power of the French to import any 
goods near so cheap, to Canada, as they are imported 
to New- York 

' But to put this out of all controversy, we need on- 
ly observe to your excellency, that strouds (without 
which no considerable trade can be carried on with the 
Indians) are sold at Albany for 10/. a piece : they were 
sold at Montreal, before this act took place, at 13/. 25. 



Hislory of New- York. 253 

Cf/. and now lliey are sold there for 25/. and upwards ; 
which is an evident proof that tlie French have not in 
these four years time (during the continuance of this 
act) found out any other way to supply thein.^elves with 
strouds ; and likewise that they cannot trade without 
them, seeing they buy them at so extravagant a price. 

* It likewise a[)pears that none of the neighbouring 
colonies have been able to supply the French with these 
goods, and those that know the geography of the coun- 
try, know it is i:npracticable to do it at ajiy tolerable 
rate, because they must carry their goods ten times fur- 
ther by land Ihan we need to do. 

* We are likewise assured that the merchants of Mon- 
treal lately told Mr. Vaudreuil, their governour, that if 
the trade from Albany be not by some mean or other 
encouraged, Ihey juust abandon that settlement. We 
have reason, therefore, to suspect that these merchants 
(at least some of them) have been practised upon by 
the French agents in London ; for no d(.ubt the French 
"will leave no method untried to defeat the present de- 
signs of this government, seeing they are more afraid 
of the consequences of this trade between New-York 
and the Indians, than of all the warlike expeditions that 
ever were attempted against Canada. 

* But to return to the petitioners. " They conceive 
nothing can tend more to the withdrawing the aifections 
of the Five Nations of Indians from the English inter- 
est, than the continuance of the said act, which in its ef- 
fects restrains them from a free commerce Avith the in- 
habitants of New-York, and may too probably estrange 
them from the English interest ; whereas by a freedom 
of commerce, and an encouraged intercourse of trade 
"vvith the French and their Indians, the English interest 
ipight, in time, be greatly improved and slrenghtened." 



254 History of New- York. 

* It seems to lis a strange argument to say that an 
act, the whole purport of which is to encourage our 
own people to go among the Indians, and to draw 
the far Indians through our Indian country to Al- 
bany (and which has truly produced these effects) 
would, on the contrary, rebtrain them from a free 
commerce with the inhabitants of New-York, and 
may too probably estrange them from tlie English 
interest ; and therefore that it would be much wiser 
in us to make use of the Frencl), to promote the 
English interest ; and for v.hich end, we ought to en- 
courao-e a free intercourse l>etween them and our In- 
dians. The reverse of this is exactly true, in the opin- 
ion of our Five Nations; who in all their publick trea- 
ties with this government, have represented against tljis 
trade, as the building the French forts with English 
strouds : that the encouraging a freedom of comnerce 
with our Indians, and the Indians round them, who must 
pass through their country to Albany, would certainly 
increase both the English interest and theirs, among all 
the nations to the westward of them ; and that the car- 
rying the Indian market to Montreal in Canada, draws 
all the far Indians thither. 

' The last thing we have to take notice of, is what the 
merchants asserted before the lords of trade, viz. " that 
there has not been half the quantity of European goods 
exported since the passing of this act, that used to be." 
— * We are well assured, that this is no better grounded 
than the above facts they assert with the same positive- 
ness. For it is well known, almost to every person in 
New-York, that there has not been a less, but rather, 
a greater, quantity of European goods imported into 
this place, since the passing of this act than was at any 
time before it, in the same space of time. As this ap- 



History of New-York. 255 

pears by tlie manifests in the custom house here, the 
saioe may likewise be easily proved by the custom 
house books in London. 

* As all the ariuuients ofihe merchants run upon the 
ill elTccts this act has had upon tiie trade and the minds 
of the Indians, every one of which we have shown to be 
asserted whhout tlie least foundation to support them; 
there n- tiling now remains but to shew the good effects 
this act has produced, wiiich are so notorious in this 
province, that we know not one person that now opens 
his mouth against the act. 

* Before this act passed, none of the people of this 
province travelled into the Indian countries to trade. 
We have now above forty young men, who have been 
several times as far as the lakes a trading, and thereby 
become well acquainted, not only with the trade of the 
In lians, but likewise with their manners and languages; 
and those have returned with such large quantities of 
furs, that greater numbers are resolved to follow their 
example ; so that we have good reason to hope, tliat in 
a little time, the English will draw the whole Indian - 
trade of the inland countries to Albany, and into the 
country of the Five Nations. This government has built 
a publick trading house upon CarJaracqui lake, at Iron- 
dequat, in the Senecas' land, and another is to be built, 
next spring, at the mouth of the Onondagas' river. All 
the far Indians pass by these places, in their way to 
Canada ; and they are not above half so far from the 
Englisii settle 'uents, as they are from the French. 

* So far is it from being true what the merchants say, 
" That the French forts interrupt all communication 
between the Indians and the English ;" that if these 
places be well supported, as they easily can be from 



256 History of Nav-York. 

our settlements, in case of a rupture with the French, 
it will be in the power of this province to intercept the 
greatest part of the trade between Canada and the In- 
dians round tlie lakes and the branches of tlie Aiissisip- 
•pi. — Since tliis act passed, many nations have come to 
Albany to trade, in peace and fiiendship, whose names 
had not so much as been heard of among us. In the 
beginning of May, 1723, a nation of Indians came to 
Albany, singing and dancing, with their calumets be- 
fore them, as they always do when they come to any 
place where tliey have not been before. We do not 
find that the commissioners of Indian affairs were able 
to inforu] themselves what nation this was. 

* Towards the end of the same month, eighty men, 
besides the women and children, came to Albany, in the 
same manner. These had one of our Five Nations with 
them for an interpreter, by whom they informed the 
commissioners that they Avere of a great nation, called 
TSehkereages, consisting of six castles and tribes; and 
that they lived near a place called by the French JMis- 
simakinah, between the upper lake and the lake of the 
Hurons. Tliese Indians not only deshed a free com- 
merce, but likewise to enter into a strict league of friend- 
ship with us and our Six Nations, tliat they might be 
accounted the seventh nation in the league, and being 
received accordingly, they left their calumet as a pledge 
of their fidelity. — In June another nation arrived, but 
from wliat part of the continent we have not learned. 

* In July, the Twightvvies arrived, and brought an In- 
dian interpreter of our nations with them, who told, that 
they were called by the French, Aliainies, and that they 
live upon one of the branches of ttie river iMissisippi. — 
At the same time some of the Tahsagrondic Indians, 



History of New-York, 257 

who live between lake Erie and the lake Hurons, near 
a French settlement, did come and renew tlieir leag:ue 
Avith the English, nor durst the French hinder them. — 
In July, this year, another nation came, whose situation 
and name we know not ; and in August and Septem- 
ber, several parties of the same Indians that had been 
here last year ; but the greatest nuinbers of these fai- 
Indians have been met this year in the Indian country 
bv our traders, every one of them endeavourins to sfet 
before another, in order to reap the profits of so advan- 
tageous a trade, which has, all this summer long, kept 
about forty traders constantly employed, in going be- 
tween our trading places, in our Indian country, and 
Albany. 

* All these nations of Indians, who came to Albany, 
said that the French had told tiiem many strange sto- 
ries of the English, and did v»'hat they could to hinder 
their coming to Albany, but that they had resolved to 
break through by force. The difference on this score 
between the Tahsagrondie Indians and the French (who 
have a fort and settlement there, called by them Le De- 
troit) rose to that height, this summer, that Mr. Tonti, 
who commanded there, thought it proper to retire, and 
return to Canada with many of his men. 

* We are, for these reasons, well assured, that this 
year there will be more beaver exported for Great Bri- 
tain, than ever was from this province in one year ; and 
that if the custom house books at London be looked into 
it will be found that there will be a far greater quanti- 
ty of goods for the I ndians (strouds especially) sent over 
nest spring, tlian ever was at any one time to this pro- 
vince. For the merchants here tell us, that they have 
at this time ordered more of these goods than ever waj^ 
.done at any one time before. 

33 



258 History of New- York. 

* These matters of fact prove, beyond contradiction, 
that this act has been of the greatest service to New- 
York, in making us acquainted with many nations of 
Indians, formerly entirely unknown, and strangers to 
us ; withdrawing them from tljeir dependence upon the 
French, and in uniting them to us and our Indians, by 
means of trade and mutual offices of fiiendsliip. — Of 
what great consequence this may be to the British in- 
terest in genera], as to trade, is apparent to any l)ody 
It is no less apparent, likewise, that it is of the greatest 
■ consequence to tlje safety of all the British colonies in 
North America. We feel, too sensibly, the ill effects 
of the French interest in the present war betwixt New- 
England, and only one nation of Indians supported by 
the French. Of what dismal consequences then might 
it be, if the French should be able to influence, in tlie 
same manner, so many and such numerous natif>ns, as 
lie to the westward of this province, Pennsylvania and 
Maryland? On the other hand, if all these nations (who 
assert their own freedom, and declare themselves friends 
to those that supply them best with w hat they want) be 
brought to have a dependence upon the English (as we 
have good reason to hope in a short time they will) the 
French of Canada, in case of a war, must be at the mer- 
cy of the English. 

* To these arivantages must be added, that many of our 
young men having been induced by this act to travel 
among the Indians, they learn their manners, their lan- 
guages, and the situation of all their countries, and be- 
come inured to all manner of fatigues and hardsliips ; 
and a great many more being resolved to follow their 
example, these young m^n, in case of war with the In- 
dians, will be of ten times the service, that the same 



History of New-York. 259 

number of the common militia can be of. — The effects 
of tiiis act have likewise so much quieted the minds of 
the people, with respect to the security of the frontiers, 
that our settlements are now extended above thirty 
miles further west towards the Indian countries tlian 
they were before it passed. 

* The only thing tliat now reinains to answer is an 
objection which we suppose may be made, what can 
induce the merchants of London to petition against an 
act which will be really so much for their interest in 
the end ? The reason is, in all probability, because they 
only consider their present gain ; and that they are not 
at all concerned for the safety of this country, in en- 
couraging the most necessary undertaking, if they ap- 
prehend their profit for two or three years may be les- 
sened by it. This inclination of the merchants has been 
so notorious that few nations at war with tiieir neigh- 
bours have been able to restrain them from supplying 
their enemies with ammunition and arms. The count 
d'Estiade, in his letters, in 1638, says that when the 
Dutch were besieging Antwerp, one Beiland, who had 
loaded four fly boats with arms and powder for Ant- 
werp, being taken up by the prince of Orange's order, 
and examined at Amsterdam, said, boldly, that the 
burghers of Amsterdam had a right to trade every 
ivhere : that he could name a hundred that were factors 
for the merchants at Antwerp, and that he was one. 
*' That trade cannot be interrupted, and that for his 
part he was very free to own, that if to get any tiling 
by trade it were necessary to pass through hell, he would 
venture to burn his sails." ' When this principle, so 
common to merchants, is considered, and that some in 
ibis place liave got estates by trading many years to 



260 History of New-York, 

Canada, it is not to be wondered that they have acted 
as factors for Canada in this afl'air, and that they have 
transmitted such accounts to their correspondents in 
London, as are consistent with the trust reposed in 
them by the merchants of Canada. 

* In the last place, we are hum!dy of opinion that it 
may be proper to print the petition of the merchants of 
London, and their allegations before the lords of trade, 
together with the answers your committee has made 
thereto, in vindication of the legislature of this pro- 
vince, of which we have the honour to be a part, if your 
excellency shall approve of our answers ; that what we 
have said may be exposed to the examination of every 
one in this place, where the truth of the matters of fact 
is best known, and that the correspondents of these 
merchants may have the most public k notice to reply, if 
they shall think it proper, or to disown, in a pubiick 
manner, that they are the authors of such groundless 
informations. All which is unanimously and humbly 
submitted, by 

* Your excellency's 

* Most obedient humble servants, 

^ R. Walter, ^ Cadwallader Colden, 

* Rip Van Dam, ' James Alexander, 

' John Barbaric, * iVbraham Van Home.* 

* Fr. llarison, 

Oovernour Burnet transmitted this report to the 
board of trade ; and it had the intended effect. About 
the latter end of the year 1724, an unfortunate dispute 
commenced in the French chiuTh, of which, because it 
had no small influence on the pubiick affairs of the go- 
vernment, I shall lay before the reader a s\^oxi account. 



History of Nov- York. 261, 

The persecutions in France, which ensued upon the 
revocation of the edict of Nantz, drove the protestant 
subjects of Louis XIV, into the territories of other 
princes. Many of them fled even into this province : 
the most opulent settled in the city of New- York : 
others went mto the country and planted New Rochelle, 
and a few seated themselves at the New Paltz, in Ul- 
ster county. Those who resided at New-York soon 
erected a church, upon the pi'inciples and model of 
that in Geneva ; and by their growth and foreign acces- 
sions, formed a congregation, for numbers and riches, 
superior to all but the Dutch. They had two ministers ; 
Rou, the first called, was a man of learning, but proud, 
pleasurable, and passionate. Moulinaars, his colleague, 
was most distinguished for his pacifick spirit, dull parts, 
and unblameable life and conversation. Rou despised 
his fellow labourer, and for a long time commanded the 
whole congregation, by the superiority of his talents 
for the pulpit. The other, impatient of repeated affronts 
and open contempt, raised a party in his fav^our, and 
this year succeeded in the election of a set of elders, 
disposed to humble the delinquent. Rou being suspi- 
cious of the design, refused to acknowledge them duly 
elected. Incensed at this conduct, they entered an act 
in their minutes, dismissing him from the pastoral charge 
of the church, and procured a ratification of the act un- 
dei" the hands of the majority of the people. Governour 
Burnet had, long before this time, admitted Rou into 
his familiarity, on the score of his learning ; and that 
consideration encouraged a petition to him, from Rou's 
adherents, complaining against the elders. The mat- 
ter was then referred to a committee of the council, 
who advised that the congregation should be admonish- 



262 History of New-York. 

ed to bring their differences to an amicable conclusion. 
Some overtures, to that end, were attempted ; and the 
elders offered to submit the controversy to the Dutch 
ministers. But Rou, who knew that the French church 
in this country, without a synod was unorganized, and 
could not restrain him, chose rather to briftg his bill in 
chancery before the governour. 

Mr. Alexander was his council, and Mr. Smith,* a 
young lawyer, of the first reputation as a speaker, ap- 
peared for the elders. He pleaded to the jurisdiction 
of the court, insisting that the matter was entirely ec- 
clesiastical, and, in the prosecuti<m of his argument, en- 
tered largely into an examination of the government of 
the prottstant churches in France. According to whi<h 
he showed that the consistory were the proper judges 
of the point in dispute, in the first instance ; and that 
from thence an appeal lay to a collogue, next to a pro- 
vincial, and last of all to a national synod. Mr Burnet 
nevertheless over ruled the plea, and the defendants, be- 
ing fearful of a decree, that might expose their own es- 
tates to the payment of Ron's salary, thought it advis- 
able to drop their debates, reinstate the minister, and 
leave the church. 

All those who opposed Rou were disobliged with the 
governour : among these Mr. De Lancey was the most 
considerable for his wealth and popular influence. He 
was very rigid in his religious profession, one of the first 
builders, and by far the most generous benefactor of 
the French church, and therefore left it witli the utmost 



* These gentlemen came into the colony in the same ship, in 1715. 
The latter was born at Newport Pagnel, in Buckinghamshire. They 
Avere amon^ the principal a<^ents in the political struggles during the 
administration of colonel Cosby. 



His!ory of New- York. 263 

reluctance. Mr. Burnet, before this time, had consi- 
dered hiiU as his enemy, because he liad oj)posed the oro- 
hibilion of the French trade ; and tijis led him into a 
step, which, as it was a personal indignity, iVlr. De Lan- 
cey could never recollect without resentment. This 
gentleman was returned for the city of New- York, in 
the room of a deceased member, at the meeting of the 
assembly in September, 1725. When he ofiered himself 
for the oatiis, Mr. liurnet asked him how iie became a 
subject of the crown ? He answered, that he was deni/pd 
in England, and his excellency dismissed him, takino- 
time to consider the matter. Mr. J3e Lancey then laid 
before the house an act of a notary publick, certifyino- 
that he was named in a patent of denization, granted in 
the reign of James the second — A patent of the same 
kind, under the great seal of this province, in 1686 — 
And two certificates, one of his having taken the oath 
of allegiance, according to an act passed here, in 1683, 
and another of his serving in several former assemblies. 
The governour, in the mean time, consulted the chief 
justice, and transmitted his opinion* to the house, who 
resolved in favour of Mr. De Lancey. Several other 
new representatives came in, at this session, upon the 
decease of tlie old members ; and Adolph Philipse, who 
was some time before dismissed from the council board, 
was elected into the speaker's chair, in the absence of 
Mr. Livingston. The majority, however, continued in 
the interest of the governour ; and consented to the re- 



* What colonel Morris' opinion was I have not been able to disco- 
ver. Governour Burnet's conduct was thought to be unconstitutional, 
and an invasion of the rijjhts of the assembly, who claim the exclusive 
privilege of determiuiug the qualifiGalioDS of their own nicnibers. 



264 History of New-York. 

vival of the several acts which hnd been passed for pro- 
hibiiiriir the French trade ; whicli, in spite of all the re- 
straints laid upon it, was clandestinely carried on by the 
people of Albany. Oswego, nevertheless, grew consi- 
derable for its commerce : fifty-seven canoes went lliere 
this summer, and returned with seven hundred and thir- 
ty eiglit packs of beaver and deer skins. 

Nothing could more naturally excite the jealousy of 
the French than the erection of tlie new trading house 
at the mouth of the Onondaga river. Fearful of losing 
a profitable trade, which they had almost entirely en- 
grossed, and the command of the lake Ontario, they 
launched two vessels in it in 1726, and transported mate- 
rials for building a large storehouse and repairing the 
fort at Niagara. The scheme was not only to secure 
to themselves the entrance into the west end of the 
lake, as they already had the east, by the fraudulent 
erection of fort Frontenac, many years before ; but 
also to carry their trade more westerly, and thus ren- 
der Oswego useless, by shortening the travels of the 
western Indians near two hundred miles. Baron de 
Longueil, who had the chief command in Canada, on the 
death of the marquis de Vaudreuil, in October, 1725, 
was so intent upon this project, that he went, in person, 
to the Onondaga canton, for leave to raise the store- 
house at Niagara : and as those Indians were, most of 
all, exposed to the intrigues of the Jesuits, who con- 
stantly resided amongst them, he prevailed upon them, 
by fraud and false representations, to consent to it, for 
their protection against the English. But as soon as 
this matter was made known to the other nations, they 
declared the permission granted by the Onondagas to 
be absolutely void ; and sent deputies to Niagara, with 



History of New-York. 2(35 

a message, signifying that the country in which they 
were at work, belonged solefy to the Senecas ; and re- 
quired them immediately to desist. The French, not- 
withstanding, were regardless of the embassage, and 
pushed on their enterprise with all possible dispatch, 
while Joncaire exerted all his address among the Indians 
to prevent the demolition of the works. Canada was 
very much indebted to the incessant intrigues of this 
man. He had been adopted by the Senecas, and was 
well esteemed by the Onondagas. He spoke the Indian 
language, as Charlevoix informs us,"avec la plus sublime 
eloquence Iroquoise," and had lived among them, af- 
ter their manner, from the bginning of queen Anne's 
reign. AW these advantages he improved for the inte- 
rest of his country ; he facilitated the missionaries in 
their progress through the cantons, and more than any 
man contrilmted to render their dependence upon the 
English weak and precarious. Convinced of this col- 
onel Schuyler urged the Indians, at his treaty with 
them, in 1719, to drive Joncaire out of their country, 
but his endeavours were fruitless.* 

The Jesuit Charlevoix does honour to Mr. Burnet, in 
declaring that he left no stone unturned to defeat the 
French designs at JNiagara. Nor is it much to be won- 
dered at. For besides supplanting his favourite trade 
at (3swego, it tended to the defection of the Five Na- 
tions ; and in case of a rupture, exposed the frontiers of 
our southern colonies to the ravages of the French and 



* The same thin^ has since been frequently laboured, but to no pur^- 
pose. His son continued the course of intrigues begun by the father, 
till general Shirley, while he was at Oswego, ia 1755, prevailed ujpoK 
the Senecas to order him to Canada. 

34 



266 History of New-York. 

their allies. Mr. Burnet, upon whom these considera- 
tions made the deepest impression, laid the matter t)e- 
fore the house, reinonstrated against the proceedings to 
Longuiel, in Canada, wrote to the ministry in England, 
who complained of them to the French court, and met 
the confederates at Albany, endeavouring to convince 
them of the danger they themselves would be in, from 
an aspiring, a?nbitii>us neighbour. He spoke first about 
tlie affair privately to the sachems, and afterwards, in 
the puhlick conference, informed them of all the en- 
croachments which the French had made upon their 
fathers, and the ill usage they had met with, according 
to La Potherie's account, published with the privilege 
of the French king, at Paris, in 1722. He then ren;ind- 
ed them of the kind treatment they had received from 
the English, who constantly fed and clothed them, 
and never attempted any act of hostility to their preju- 
dice. Tliis speech was extremely v.ell drawn, the 
thoughts being conceived in strong figures, particular- 
ly expressive and agreeable to the Indians. The go- 
vernour required an explicit declaration of their senti- 
ments concerning the French transactions at Niagara, 
and their answer was truly categorical. " We speak 
now in tlie name of all the Six JNations, and come to 
you hifwliiig. This is the reason why we howl, that 
the governour of Canada encroaches on our land and 
builds thereon." After which they entreated hijii to 
wiite to the king for succour. Mr. Burnet embraced 
this favourable opportunity to procure from them a 
deed surrendering their country to his majesty, to be 
protected for their use, and confirming their giant in 
1701, concerning wiiich there was only an entry in tiie 



History of Nai-YorJc. 267 

books of the secretary for Indian affairs.* It happened, 
very unfortunately, that his exceih:incy's iianis were 
then more weakened than ever, by the ij^rowing disaf- 
fection in the house. Tlie intrigues of his adversaries, 
and the frequent deaths of the inenibers, had introduc d 
such a change in the assembly, that it was witti diiiicul- 
ty he procured a three years support. The claiuours 
of tlie people ran so high, witli ;ut doors, for a new 
election, that he was obliged to dissolve the house, and 
soon after another dissolution ensued upon the death of 
the king. Tiie French, in the mean time, completed 
their works at Niagara, and Mr. Burnet, who was un- 
able to do any thing else, erected a fort, in 1727, for 
the protection of the post and trade at Oswego. Tliis 
necessary undertaking was pregnant with the most im- 
portant consequences, not only to this, but all our 
c donies ; and though the governour's seasonable ac- 
iixiiy deserved the highest testimonials of our grati- 
tude, I am ashamed to confess, what I am bound to re- 
late, that he built the fort at his private expense, and 
that a balance of above 56/. principal, though frequent- 
ly demanded, remains due to his estate to this very day. 



* Besides the tervitones at tlic west end of lake Erie, and on the 
norrh sii'e of that, and the lake Orstario, which were ceded, in 1701, 
the Indians now frianled, for the same pnrpose, all their habitations 
from 0.-wee;o to Cayahojja river, which (liseniboo;ues into lake Erie, 
and the country extending:; sixty miles from the southermost banks of 
those lakes. Thongh the first surrender, through negligence, was not 
made by the execution of a formal deed under seal ; yet as it Avas 
transacted with all the solemnity of a treaty, and as the second surren- 
der confirms the first, no intermerliate possession by the French can 
prejudice the Britisli title derived by the cession in 1701. 



268 JHistory of Neiv-York. 

Beauharnois, the governoiir of Canada, who super- 
seded Lono;uiel, was so incensed at the building of the 
fort, that he sent a written summons, in July, to the 
officer posted there, to abandon it ; and though his pre- 
decessor had done the same, a little before, at Niagara, 
in the country of the Senecas, the acknowledged sub- 
jects of the British crown,* yet with a singular effron- 
tery, he dispatched de la Chassaigne, a man of parts, 
and governour of Trois Rivieres, to New-York, with 
the strongest complaints to Mr. Burnet upon that head. 
His excellency sent him a polite, but resolute answer, 
on the eighth of August ; in which he refuted the argu- 
ments urged by the French governour general ; and 
remonstrated against the proceedings of the last year 
at Niagara. 

The new assembly met in September, 1727, and con- 
sisted of members all ill affected to the governour. The 
long continuance of the last, the clamours which were 



* Though the'sovereigotj over the Five Nations was ceded to 
Great Britain, and Charlevoix himself had acknowledged that Niagara 
was part of their country, yet the pious Jesuit applauds the French 
settlement there, which was so manifest an infraction of the treaty of 
Utrecht. The marquis de Nonville, in his letter to the court of 
France, in 1686, proposed the erection of a fort there, to secure the 
communication with the lakes, and deprive us of a trade which he 
computed to be worth 400,000 francs per annum. Charlevoix, per- 
haps, considered these advantages sufficient to justify the violation of 
publick faith ; reasoning upon the principles of le chevalier de Cal- 
lieres, who thought the legality of making a conquest of New-York, 
during the strict peace in James lid's reign, might be inferred from the 
benefit that would thereby accrue to the French colony, " qu' il n'y 
avoit point d' autre voye pour conserver la colonie, que de nous rendre 
maitres de la Nouvelle York ; et que cette conquete etoit legitime 
^ar la uecessite." 



History of New-York. 269 

excited by several late important decrees in chancery, 
the alliiir of the Frencli church, and especially the pro- 
hibiting the Canada trade, were the causes to which the 
loss of liis interest is to be ascribed. Mr. Philipse, the 
speaker, was piqued at a decree in chancery against 
himself, which very much aflected his estate ; no won- 
der, then, that the members who were very much influ- 
enced by him, came, on the 25th of November, into 
the following resolutions. Colonel Hicks, from the 
committee of grievances, reported, " That as well by 
the complaints of several people, as by the general cry 
of his majesty's subjects inhabiting this colony, they 
find that the court of chancery, as lately assumed to be 
set up here, renders the liberties and properties of the 
said subjects extremely precarious; and that by the 
violent measures taken in, and allowed by it, some 
have been ruined, others obliged to abandon tlie colo- 
ny, and many restrained in it, either by imprisonment or 
by excessive bail exacted from them not to depart, even 
when no manner of suits are depending against them : 
and, therefore, are of opinion that the extraordinary 
proceedings of that court, and the exhorbitant fees and 
charges, countenanced to be exacted by the officers 
and practitioners thereof, are the greatest grievance 
and oppression this colony hath ever felt : and that for 
removing the fatal consequences thereof, they had 
come to several resolutions, which being read, were 
approved by the house, and are as follow : 

" Resolved, That the erecting or exercising, in this 
colony, a court of equity or chancery (however it may 
be termed) without consent in general assembly, is un- 
warrantable, and contrary to the laws of England, and 



270 History of New-York. 

a manifest oppression and orievance to the subjects, 
and of pernicious consequence to their liberties and pro- 
perties. 

" Resolved, That this house will at their next meet- 
ino- prepare and pass an act to declare anfl adjucloe all 
orders, ordinances, devices, and proceeoing^, of tiie 
court, so assumed to be erected and exercised as above 
mentioned, to be illegal, null, and void, as by law and 
right tliey ought to be. 

" Resolved, That this house, at the same time, will 
take into consideration whether it be necessary to es- 
tablish a court of equity or chancery in this colony ; 
in whom the jurisdiction thereof ought to be vested ; 
and how far the powers of it shall be prescribed and 
limited.'' 

Mr. Burnet no sooner heard of these votes, than he 
called the members before him, and dissolved the as- 
sembly. They occasioned, however, an ordinar.ce in 
the spring following, as well to remedy sundry abuses 
in the practise in chancery, as to reduce the fees of 
that court, which, on account of the popular claiui urs, 
were so much diminished that the wheels of tlie chan- 
cery have ever since rusted upon their axes, the prac- 
tise being contemned by all gentlemen of eminence in 
the profession. 

AVe are now come to the close of Mr. Burnet's ad- 
ministration, w^hen he was appointed to the cliief com- 
mand of the Massachusetts' Bay. Though we never 
had a governour to whom the colony is so much indebt- 
ed as to him ;. yet the influence of a faction, in the 
judginent of some, rendered his removal necessary for 
the publick tranquility. Insensible of liis merit, the 
undistinguishing multitude were taught to consider it 



History of New-York. 271 

as a most fortunate event ; and till the ambitious de- 
sii^iis of the French king, with respect to America, 
awakened our attention to the general welfare, iVJr. 
Burnet's administration was as little esteemed as that 
of the meanest of his predecessors. 

He was very fond of New-York, and left it with re- 
luctance. His marriage here connected hi?fi witli a 
numerous family, and, besides an universal acquaint- 
ance, there were some gentlemen with whom lie con- 
tracted a strict intimacy and friendship. 

The excessive love of money, a disease common to 
all his predecessors, and to some who succeeded him, 
was a vice from which he was entirely free. He sold 
no oilices, nor attempted to raise a fortune by indirect 
means ; for he lived generously, and carried scarce any 
thing away with hiiu but his books. These and the 
conversation of men of letters, were to him inexhausti- 
ble sources of delight. His astronomical observations 
have been useful ; but by his comment on the Apoca- 
lypse, he expose 1 himself, as other learned men have 
before him, to the criticisms of those who have not abil^ 
ities to write half so well. 

.John Montgomerie, esq. received the great seal of 
this province, from Mr. Burnet, on the 15th of April, 
1728, having a commission to supersede him here and 
in New-.Iersey. The council board consisted of, 
Mr. Walters, Mr. Alexander, 

Mr. Van J3am, Mr. Morris, jun. 

Mr. Earifarie, Mr. Van Home, 

Mr. Clarke, Mr. Provoost, 

Mr. Harrison, Mr. Livingston^ 

Dr. Colden;, Mr. Keiuiedy. 



272 Hislory of New-York, 

The governour was a Scotch gentleman, and bred a 
soldier ; but, in the latter part ot* his life, he had little 
concern with arms, having served as groom of the bed- 
chamber to his present majesty, before his accession to 
the throne. This station, and a seat he had in parlia- 
ment, paved the way to his preferment in America. In 
his talents for government he was much inferiour to his 
predecessor, for he had neither strength nor acuteness 
of parts, and was but little acquainted with any kind of 
literature. 

As in the natural, so in the political world, a violent 
storm is often immediately succeeded by a peaceful 
calm ; tired by the mutual struggles of party rage, 
every man now ceased to act under its influence. The 
governour's good humour too, extinguished the flames 
of contention, for being unable to plan, he had no par- 
ticular scheme to pursue ; and thus by confining him- 
self to the exercise of the common acts of government, 
our publick affairs flowed on in a peaceful, uninterrupt- 
ed, stream. 

The reader will, for this reason, find none of those 
events in colonel Mont go merle's short administration, 
which only take rise under the superintendency of a 
man of extensive views. Indeed he devoted himself so 
much to his ease, that he has scarce left us any thing to 
perpetuate the remembrance of his time. 

The two rocks, upon which the publick tranquility 
was shipwrecked in the late administration, he carefully 
avoided ; for he dissolved the assembly, called by his 
predecessor, before they had ever been convened : and 
as to the chancery he himself countenanced the cla- 
mours against it, by declining to sit, till enjoined to 
exercise the office of chancellor by special orders from 



History of Nerv-Yorlt. 273 

England. Re then obeyed the command, but not with- 
out discovering his reluctance, and modestly confess- 
ing to the practisers that he thought himself unqualifi- 
ed for the station. Indeed the court of chancery was 
evidently his aversion, and he never gave a single de- 
cree in it, nor more than three orders ; and these, both 
as to matter and form, were first settled by the counsel 
concerned. 

INlr. Philipse was chosen speaker of the assembly, 
whiih met on the 23d of Julv, and continued sittins, in 
perfect harmony, till autumn. After his excellency had 
procured a five years support, and several other laws to 
his mind, of less considerable moment, he went up to 
Albany, and, on the 1st of October, held a treaty with 
the Six Nations, for a renewal of the ancient covenant. 
He gave them great presents, and engaged them in the 
defence of Oswego. Nothing could be more seasonable 
than this interview ; for the French, who eyed that im- 
portant garrison, and our increasing trade there, with 
the most restless jealousy, prepared, early in the spring 
following, to demolish the works. Governour Burnet 
gave the first intelligence of this design, in a letter to 
colonel Montgomerie, dated at Boston, the 31st of 
March, 1729. The garrison was thereupon immediate- 
ly reinforced by a detachment from the independent 
companies ; which, together with the declared resolu- 
tion of the Indians, to protect the fort, induced the 
French to desist from the intended invasion.* 

* From that time, to the year 1 754, this garrison was guarded only 
by a lieutenant and five and twenty men. General bhirlej's parting 
from the forces destined against fort du Q,uesne, and proceedinj; with 
half the army to Oswego, in 1755, was extremely fortunate to ouicol- 

35 



274 History of New-York. 

Thus far our Indian affairs appeared to be under- a 
tolerable direction ; but these fair prospects Aveie soon 
obscured by the king's repealing, on the llth of De- 
cember, 1729, all the acts >vhich Mr. Burnet, with so 
much labour and opposition, procured for the prohibi- 
tion of an execrable trade between Albany and ]\1ont- 
real. To whose intrigues this event is to be ascribed, 
cannot be certainly determined. But that it w as preg- 
nant with the worst consequences, time has sufficiently 
evinced. Nothing could more naturally tend to under- 
mine the trade at Oswego, to advance the French com- 
merce at Niagara, to alienate the Indians from their 
fidelity to Great Britain, and particularly to rivet the 
defection of the Caghnuagas. For these, residing on 
the south side of St. Lawrence, nearly opposite to Mont- 
real, were employed by the French as their carriers ; 
and thus became interested against us, by motives of 
the most prevailing nature. One would imagine that 
after all the attention bestowed on this affair in the late 
administration, the objections against this trading inter- 
course with Canada must have been obvious to the 
meanest capacity ; and yet so astonishing has been our 
conduct, that from the time Mr. Burnet removed to 
Boston, it has rather been encouraged than restrained. 
This trade, indeed, was subject to duties ; but that at 
Oswego always was, and still is exposed to the same 

onies ; the Freoch being then determinpd and prepared to possess them- 
selves of that post. Besides the vessels launched there, to secure the 
cornmand of the lake, the general, before he relumed to M'inter quar- 
ters, erected two stronc square forts, with bastions, commanding as uell 
the entrance into the Onondaga river, as the old fort ; in the situation 
f)f which little regard was had to any tiling besides the pleasantness of 
the prospect* 



History of New- York. 275 

incumbrance ; while the French trade, in the interval 
between tiie years 1744 and 1750, was perfectly free : 
and as the duty, by tlie law then made, is laid only on 
goods sold in tlie city and cour.ty of Albany, the trader, 
to elude the act, is only exposed to tlie trouble of 
transporting his merchandise beyond the scant district 
of the city ascertained in the charier. But liow much 
soever our inattention to this matter may deserve cen- 
sure, I cannot, in justice to my countrymen, help ob- 
serving, that from the severest scrutiny I could make, 
our people are free from the charge of selling ammu- 
nition to the French, which has so unjustly exposed the 
inhabitants of Albany to the odium of all the colonies 
in xNew England.* 

The year 1731 was distinguished only by the com- 
plete settlement of the disputed boundary between this 
province and the colony of Conneclicut. An event, con- 
sidering the late colonizing spirit and extensive claims 
of the people of New-England, of no small importance, 
and concerning which it may be proper to give a suc- 
cinct account. 

The partition line agreed upon, in 1664, being con- 
sidered as fraudulent, or erroneous ; a second agree- 
ment, suspended only for the king's and the duke's ap- 
probation, was concluded, on the 23d of November, 
1683, between colonel Dongan and his council, and 
Robert Trent, esq. then governourof Connecticut, and 
several other commissioners appointed by that colony. 

* Ever since the year 1729, tlie sale of arms and ammunition to the 
French has been exempt both from duties and a prohibition ; wliich I 
attribute to the confidence of the government that the calumny is en- 
tirely groundless. 



276- History oj Nav-York. 

The line of partition then as^reed to be established, was 
to begin at the mouth of By ram brook, " where itfalletli 
into the sound, at a point called Lyon's point, to go as 
the said river runneth, to the i:)lace where the common 
road, or wading place, over the said river is ; and from 
the said road or wading place, to go north northwest 
into the country, as far as will be eight English miles 
from the foresaid Lyon's point ; and that a line of twelve 
miles, being measured from the said Lyon's point, ac- 
coi ding to the line or general course of the sound east- 
ward : where the said twelve miles endeth, another line 
shall be run from the sound, eight miles into the coun- 
try north northwest, and also, that a fourth line be run 
(that is to say) from the northermost end of the eight 
miles line, being the third mentioned line, which fouith 
line with the first mentioned line, shall be the bounds 
where they shall fall to run ; and that from the easter- 
most end of the fourth mentioned line (which is to be 
twelve miles in length) a line parallel to Hudson's 
river, in every place twenty miles distant from Hudson's 
river, shall be the bounds there, between the said terri- 
tories or province of New-York, and the said colony of 
Connecticut, so far as Connecticut colony doth extend 
northwards ; that is, to the south line of the Massachu- 
setts colony : only it is provided, that in case the line 
from Byram brook's mouth, north northwest eight milei 
and the line, that is then to run twelve miles to the end 
of the third forementioned line of eight miles, do dimin- 
ish or take away land, w-ithin twenty miles of Hudson's 
river, that then so much as is in land diminished of twen- 
ty miles of Hudson's river thereby, shall be added out 
of Connecticut bounds unto the line aforementioned, 
parallel to Hudson's river and twenty miles distant from 



History of New-York. 277 

it ; the addition to be made the whole length of the 
said parallel line, and in such breadth, as will make up, 
quantity for quantity, what shall be diminished as afore- 
said." 

Pursuant to this agreement some of the lines were ac- 
tually run out, and a report made of the suney, which, 
on the 24th of February, 1 684, was confirmed by the 
governour of each colony, at Milford, in Connecticut. 
Here the matter rested, till a dispute arose concerniHo* 
the right of jurisdiction over the towns of Rye and Bed- 
ford, which occasioned a solicitation at home ; and on 
the 28th of March, 1700, king William was pleased to 
confirm the agreement in 1683. 

Nineteen years afterw^ards, a probationary act was 
passed, empowering the governour to appoint commis- 
sioners, as well to run the line parallel to Hudson's ri- 
ver, as to resurvey the other lines and distinguish the 
boundary. The Connecticut agent opposed the king's 
confirmation of this act, totis virihus ; but it was approv- 
ed on the 23d of January, 1723. Tv^'o years after, 
the commissioners and surveyors of both colonies met 
at Greenwich, and entered first into an agreement re- 
lating to the method of performing the work. 

The survey was immediately after executed in part, 
the report being dated on the 12th of i\Iay, 1725 ; but 
the complete settlement w^as not made till the 14th of 
May, 1731, when indentures, certifying the execution 
of the agreement in 172.5, were mutually signed by the 
commissioners and surveyors of both colonies. Upon 
the establishment of this partition, a tract of land lying 
on the Connecticut side, consisting of above 60,000 acres, 
from itei figure called the oblong, was ceded to New- 



278 History of New- York. 

York, as an equivalent for lands near the sound surren- 
dered to Connecticut.* 

The very day after the surrender, made by that col- 
ony, a patent passed in London to sir Joseph Eyles and 
others, intended to convey the whole oblong. A grant 
posterior to the other was also regularly made here, to 
Hauley and company, of the greatest part of tiie same 
tract, which the British patentees brougijt a bill in chan- 
cery to repeal. But the defendants filed an answer, con- 
taining so many objections against the English patent, 
that the suit remains still unprosecuted, and the Ame- 
rican proprietors have ever since held the possession. 
Mr. Harison, of the council, solicited this controvers}' 
for sir Joseph Eyles and his partners, which contributed, 
in a great degree, to the troubles, so remarkable, in a 
succeeding administration. 

Governour Montgomerie died on the 1st of July, 
1731 ; and being a man of a kind and humane disposi- 
tion, his death was not a little lamented. The chief com- 
mand then devolved upon Rip Van Dam, esq. he being 
the oldest counsellor, and an eminent merchant, of a fair 
estate, though distinguished more for the integrity of 
his heart, than his capacity to hold the reins of govern- 
ment. He took the oaths before, 

Mr. Alexander, Mr. De Lancey,t 

Mr. Van Home, Mr. Courtlandt. 

Mr. Kennedy, 

* See Douglas' late plan of the British dominions of New-EDgiand. 

f This gentleman, being a youth of fine parts, was called up to the 
council board on the 26th of January, 1729, just after his return from 
the university. Mr. Morris, jun. was suspended on the same day, for 
words dropped in a dispute relating to the governour's drafts upon the 
revenue. 



History of Netv-York. 279 

This administration is unfortunately signalized by the 
memorahle encroachment at Crownpoint. An enemy 
despised at first for his weakness, generally grows for- 
midable for liis activity and craft. This observation is 
true, applied to private persons, religious sects, or pub- 
lick states. The French, in Canada, l)ave always been 
jealous of the increasing strength of our colonies ; and 
a motive of fear led them, naturally, to concert a regu- 
lar system of conduct for Iheu' defence. Confining us 
to scant limits along the sea coast, is the grand objecl 
they have long had in view ; and seizing the important 
passes from Canada to Louisania, seducing our Indian 
allies, engrossing the trade, and fortifying the routes 
into their country, were all proper expedients towards 
the execution of their plan. By erecting fort St. Fred- 
erick, they secured the absolute command of lake Cham- 
plain, through which we must pass, if ever a descent be 
made upon Canada, either to conquer the country, or 
barrass its out settlements. The garrison was, at first, 
situated on the east side of the lake, near the south end ; 
but was afterwards built upon a commodious point on 
the opposite side. Of all their infractions of the treaty 
of Utrecht, none was more palpable than this. The 
covmtry belonged to the Six Nations, and the very spot, 
upon which the fort stands, is included within a patent 
to Delliusjthe Dutch minister, of Albany, granted under 
the great seal of this province in 1696. Besides, nothing 
could be more evident than the danger to which it ex- 
posed us. Through this lake the French parties made 
their ancient bloody incursions upon Schenectady, the 
■Mohawks' castles, and Deerfield ; and the erection of 
this fort was apparently adapted to facilitate the inroads 
of the enemy, upon the bontiers of the colonies of 



280 History of New- York. 

New- York, Massachusetts Bay, and New-Haiiipshire. 
For it served not only as an asylura to fly to after the 
perpetration of their inhumanities, but for a magazine 
of provisions and ammunition ; and though it was much 
above ] 20 miles from the very city of Albany, yet by 
the conveyance through Sorel river and the lake, it may 
be reinforced from Montreal in three or four days.* 

The Massachusetts government foresaw the dangerous 
consecjuences of the French fort at Crownpoint, and 
governour Belcher gave us the first information of it, 
in a letter from Boston to Mr. Van Dam. He inforjn- 
ed him of the vote of the general court, to bear their 
proportion of the charge of an embassage to Canada, to 
forbid the works, and pressed him to engage the oppo- 
sition of the Six Nations. Van Dam laid the letter be- 
fore his council, on the 4th of February, 1732 ; who, 
with singular calmness, advised him to write to the com- 
missioners of Indian affairs, at Albany, ordering them 
to enquire whether the land belonged to the confede- 
rates or the River Indians. That Mr. Van Dam ever 
wrote to the commissioners, I have not been able to dis- 
cover ; nor whether any complaint of the encroachment 
was sent home, according to the second advice of coun- 
cil on the 11th of February ; who, besides the first step. 



* The present fort at Crownpoint is said to be a square with four 
bastions, and a high castle Avithin the walls. It has no ditch, but is 
strengthened by a redoubt, and mounts six and thirty small cannon. 
While the colony forces, consisting of about lour thousand militia, lay 
at lake George, employed in erecting fort William Henry, in 1755, 
the French threw up an advanced Mork at Ticonderoga, near the 
northeast end of lake George ; an important pass, about sixteen miles 
fo the southward of fort Frederick; 



ftlstory of New-York. 281 

were now pleased to recommend liis transmitting go- 
yernour Belclier's letter and the Boston vote to tlie se- 
veral south vveslern colonies. 

The passiveness we discovered, on this impudent and 
dangerous invasion of his majesty's rights, is truly 
astonishing ; and the more so, as the crown had, at that 
time, four hidependent companies, which had long been 
posted here for our protection, at the annual expense 
of about 7500/. sterliiig. A very good scheme, in some 
measure, to repair this shameful misconduct, was after- 
wards projected, by settling the lands near lake George, 
wttli loyal protestant Highlanders from Scotland. Cap- 
tain Laughlin Cam[)bcl, encouraged by a proclamation 
to that purpose, came over in 1737, and ample promises 
were made to him. He went upon the land, viewed and 
approved it ; and was entreated to settle there, even by 
the Indians, wiio were taken with his Highland dress. 
]\Ir. Clarke, the lieutenant governour, promised him, in 
a printed advertisement, the grant of 30,000 acres of 
land, free from ail but the charges of the survey and 
the king's quitrent. Confiding on the faith of the go- 
vernment, captain Campbel went home to Isla, sold his 
estate, and, siiorlly after, transported, at his oAvn ex- 
pi'Hse, eighty-three protestant families, consisting of 
four hundred and twenty-three adults, besides a great 
number of children. Private faith and puldick ho- 
nour loudly demanded the fair execution of a pro- 
ject, so expensive to the undertaker and beneficial 
to the colony. But it unfortunately dropped, through 
the sordid views of some persons in power, who aimed 
at a siiare in the intended grant ; to wiiich Campbel, 
who was a man of spirit, would not consent. 

Captain Campbel, afterwards, made an attempt to 
redress himself; by an application to the assembly here^ 



.282^ History of Nen-York. 

and then to the board of trade in England. The in-^i 
proved abortive, and such were the difficulties attending 
the last, that he left his colonists to themselves ; and, 
with the poor remains of his broken fortune, purchased 
a !?mall farm in this province. JNo man was better cjualifi- 
ed than he, for the business he had engaged in. He had a 
high sense of honour and a good understanding : was 
active, loyal, and of a military disposition. For, upon 
the rews of the late rebellion in Scotland, he went 
home ; fought under the duke, returned to his family, 
and soon after died ; leaving a widow and several chil- 
dren, who still feel the consequences of his disappoint- 
ments. 

Mr. Van Dam finished his administration, on the 1st of 
August, 1732 ; when William Cosby, esq. arrived, with 
a commission, to govern this and the province of New- 
Jersey. The history of our puhlick transactions, from 
tliis period, to the present time, is full of important and 
entejtaining events, which 1 leave others to relate. A 
very near relation to the author had so great a concern 
in the publick controversies with colonel Cosby, that 
the history of those times will be better received from 
a more disinterested pen. To suppress truth, on the 
one hand, or exaggerate it, on the other, are both inex- 
cusable faults, and perhaps it would be difficult for me 
to avoid those extremes. Besides, a writer, who exposes 
tlie conduct of the living, will inevital)ly meet with their 
fury and resentment. The prudent historian of his own 
times will always be a coward, and never give fire, till 
death protects him ixoai the malice and stroke of his 
©nemy\ 



HIBTOIRY OF HEW-YOUK* 
PART VL 

CHAPTER I. 

-^4 Geographical Description of the Country^ 



1 HE province of New- York, at present, contains 
Long Island, Staten Island, and the lands, on tiie east 
side of Hudson's river, to the bounds of Connecticut. 
From the division line between tliat colony and the 
Massachusetts' Bay, northward, to the litie between us 
and the French, we clain an extent to Connecticut ri- 
ver.* On the west side of Hudson's river from the sea 



* The grounds of this claim are contained iu the followins; report of 
a committee oC council, to governour Clinton, oia the 2d of March^ 
1753, which was drawn <ip by Mr. Alexander. 
" May it please your excellency, 

*' In obedience to your excellency's order, in council, of the 3d day 
of July last, referring to a committee thereof the petitions of Rohert 
Livingston, jun. esq. and of the owners of a certain tract of land call- 
ed Westenhook, con>plaining of new claims and encroachments mad» 
upon their lands by the inhabitants of Massachusetts Bay, and also 
the surveyor general's and the attorney general's reports on the said 
two netifions : the committee having maturely weighed and consi- 
<iere<l of the same, humbly beg leave to report to your excellency : 

" 1st, Th.it they apprehend the claims of Missachus'^tts Bay to 
the manor of Livingston, or the said tract of land, called VV esteniiook; 



284 History of Nen-York, 

to the latitude of 41° lies New-Jersey. The line of paiv 
tition between that province and this, from that latitude 



cannot be well founded ; because they fiqd that the Dutch claimed 
the colony of New-Net hedand, as estending from cape Cod to cape 
Cornelius, now called cape Henloi)en, westward of Delaware hay, 
along the sea coast, as far back into the country as any of the rivers 
within those limits extend ; and that they were actually possessed of 
Connecticut river, long before any other European peof)le knew any 
thing of the existence of such a river, and were not only possessed of 
the mouth of it, where they had a fort and garrison, but discovered the 
river above an hundred miles up, had their people trading there, and 
purchased of the natives almost all the lands on both sides of the said 
river. 

" 2dly, That governour Stuy vesant, the Dutch governour of the 
said province, by his letter, dated the 2d of September, 1601, new 
style, in answer to a letter from governour Richartl Nicolls, of t! < 4^ 
August preceding, demanding the surrender of all the forts and places 
of strength possessed by the Dutch under his (governour Stuyvesant's) 
command, writes as follows : — " Moreover it's without dispute, and 
acknowledged by all the world, that our pre''ecessors, by virtue of 
the commission and patent of the said lords the States General, have, 
"without controul, and peaceably (the contrary never coming to our 
knowledge) enjoyed fort Orange about forty-eight or fifty years ; and 
Manhattans about forty-one or forty-two years ; the south river forty 
years, and the fresh river about thirty-six years." Which last men- 
tioned river the committee find to be the same that is now called 
Connecticut river. 

" 3dly, That the said Dutch governour Stuy vesant did, in the year 
1664, surrender all the country, wluch the Dutch did then possess, to 
king Charles the second, and that the States General made a cession 
thereof, by the treaty of Breda, in the year 1667 : that the Dutch re- 
conquered part of this province in 1673, and surrendered and abso- 
lutely yielded it to king Charles the second, in 1673-4, by the treaty 
of TiOndon ; and that in the year 1674, king Charles granted to the 
duke of York all the land between Connecticut river and Delaware 
bay ; the whole of these lands being part of the former colony ofNoy- 
Netherland. 



Hislory of New- York, 285 

fo the other station on Delaware, is unsettled. From 
thence, wheresoever it may be fixed, we claim all tiie 

" 4th, That the duke of York, in his several commissions to major 
Edmund Andross, on the 1st of July, 1674, and to governour Dongan, 
on the 30th of September, 1682, among other descriptions of th.-; boun- 
daries of this province, mentions ali the lands from the west side of 
Connecticut river to the east side of Delaware bay : that their majes- 
ties, king Wiiliam and queen Mary, by their commission, bearing date 
the fourth day of January, in the tirst year of their majesties' reign, 
appointed Henry Sloughter to be governour of the province of New- 
York, and territories depending thereon ; the boundaries whereof, to 
Connecticut river, on the east, were notorious, by the grant and other 
commissions aforesaid, and many other grants and commissions relat- 
ing to the same. 

" 5th, That the committee apprehend Connecticut river continued 
the east bounds of this province, until the 28th of March, 1700, when, 
b}' king William's confirmation of an agreement between this province 
and Connecticut, the western bounds of that colony were settled at 
twenty miles from Hudson's river : and they cannot find any other al- 
teration in the eastern bounds of this province, and have no reason to 
believe any other was made before, or since, that time. 

" 6th, That king James the first, by letters patent, bearing date 
the 3d of November, in the 18th year of his reign, granted unto the 
council of Plymouth, from forty to forty-eight degrees of north lati- 
tude inclusive; in which there is a recital to this purpose : " Now for as 
much as the king has been certainly given to understand, by divers 
good subjects, that have, for these many years, frequented those coasts 
and territories, between the degrees of 40 and 48, that there are no 
other subjects of any Christian king or state, or by any authority 
from their sovereigns, lords, or princes, actually in possession of any 
of the said lauds or precincts, w^hereby any right, claim, interest, or 
title, may or ought, by that means, to accrue or belong to them," &c. 
And also a proviso in these words, " Provided always, that the said 
lands, islands, or any of the premises, by the said letters patent in- 
tended or meant fo be granted, were not then actually possessed or in- 
habited by any other Christian power or state." Which patent, the 
committee conceive, could not vest any thing in the grantees, by 



286^ History of Nciv- York: 

lands, on the east side of Delaware, to the north line of 
Pennsylvania ; and all tlie territory, on both sides of 



reason of the said recital and condition upon whicli it was granted; 
part of the premises being then actually possessed by the Dutch, and 
most of the said colony of New-Nethcrland being within the bounds 
thereof. 

" 7th, That the council of Plymouth, by their deed, dated the 19th 
of March, in the third year of king Charles the first, granted to sir 
Henry Rosswell and others, |)art of what was su[>posed to be gr-mted 
by the said letters patent, which grant, from the said council of Ply- 
mouth, the committee take to be void, as founded u|ioii the said void 
patent. 

"8th That he, the said sir Henry Rosswell, and others, ol)tainpd a 
grant and confirmation thereof, from the crown, under the grent seal 
of England, dated the 4th of March, in the fourth year of king Charles 
the first, within which grant and confirmation, the province of Massa- 
chusetts Bay is included ; which grant and confirmation was adjudg- 
ed void in the high court of chancery of England, in the year 1684. 
And the committee are of opinion, that nothing, to the westward of 
ConnecticHt river, could pass by that grant and confirmation ; lor that 
his majesty could not have had an intention to grant the same, it be- 
ing then possessed by the Dutch, as before mentioned. 

" 9th, That the committee conceive the inhabitants of Massachu- 
setts Bay can claim nothing at present, but what is granted them by 
their last charter, in 1691 ; all their other grants and charters being 
either void of themselves, or declared so in the chancery of England. 

" loth. That the bounds, granted by this charter, are westward as 
far as the colonies of Rhode Island, Connecticut, and the Narraganset 
country : which words being in the case of a grant from the crown, 
the committee conceive, cannot extend their bounds farther than to 
Connecticut colony, and therefore not to Connecticut river, and much 
less to the westward of it ; because Connecticut itself, at the time of 
that ch;irter, did not, in the knowledge of the crown, extend west- 
ward of tliat river; nor <lid till nine years after, when, by the royal 
apnrobation, the agreement iietween this province and that colony 
inking uh;cr', (whirli was not to he in force till fufh approbation) the 
bounds of that colony were settled as is before mentioned : and the 



History of Nen-YorTc. 287 

the Mohawks river, and westward to the isthmus at Ni- 
agara : in a word, all tlie country belonging to the 

committee conceive it to be against reason, to suppose that the crown 
intended, by the said charter, to grant any part of the province of 
l\'e\v-York, under the then immediate government of the crown, with- 
out express mention thereof in the charter ; aru! without notiticatioa 
thereof to Henry bloughter, then governour of this ;)rovince, that the 
crown had granted such a part of what was before within his jurisdic- 
tion, by their majesties' commission aforesaid to him. 

" nth, That both the patents, under which the i)etitioners claim, 
the committee find Avere granted under the great seal of this province; 
that of the nr nor of Livingston, in ICSb, and thatol Wtstenhook, in 
1735. An<I that the lands contained in the said grants are, the com- 
mittee aj)prehend, within the jurisdiction of this province, they being 
boih west of Connecticut river. 

" I'ith, That the committee are of 0!)inion, the attem[){s of the inha« 
bltants of Massachusetts Bay, to make encroachments upon any 
lands, granted by letters patent, under the great seal of New-York, or 
upon any lands within the jurisdiction of tliis province, are disre- 
spectful to his majesty's authority, teud to the disturhsmce of the sub- 
jects of this province, and may be the cause of great mischieis and 
disorders. 

"13th, That the steps taken by the said inhnbilant?, even were 
the hounds of this |)rovince doubtful and unsettled, are intrusions, and 
disresjjectful to his majesty's authority. 

" And, lastly. The committee are of opinion, that a copy of so 
much of this report, as shall be approved of by your escelleucy and the 
council, be transmitted to the lieutenant governour of the province of 
Massachusetts Bay, reqi-esting that he would take efTectual measures 
that all encroachments and disturbances, by the people of that colony 
on his majest3''s suljects of this province, be stayed ; and that he 
would lay this matter before the next general court, that they may 
inform your excellency by what warrant they claim or exercise any 
right to soil or jurisdiction, westward of Connecticut river ; that the 
same may be considered, and such steps taken to^^ards removing all 
£auses of encroachments, or dismrlances, for the future; as may b<? 



288 History of New- York. 

crown of Great Britain, not already granted ; for we are 
to consider New- York, among lier sister colonies, t» 
borrow a law phrase, as a residuary legatee. 

Hence we have, from the beginning, been exposed to 
controversies about limits. The New-Jersey claim in- 
cludes several hundred thousand acres, and has not a 
little impeded the settlement of the colony. The dis- 
pute with tlie Massachusetts' Bay is still more important 
and, for several years past, occasioned very considera- 
ble commotions. The New-Hampshire pretensions have, 
as yet, exposed us to no great trouble. But when all 
those claims are settled, a new controversy will pro- 
bably commence with the proprietaries of Pennsylva- 
nia. 

This province was, in 1691, divided, by an act of as- 
sembly, into twelve counties, which I shall describe in 
their order. 

CITY AND COUNTY OF NEW-YORK. 

The city of New- York, at first, included only the 
island, called, by the Indians, Manhattans. Manning's 

a2;reeable to equity and justice : to the end, that good understanding 
may be preserved, which ought to subsist between fellow subjects 
and neighbouring provinces. 

" All which is nevertheless humbly submitted. 
" By order of the committee, 

" James De Lancev, Chairman." 
The government of Massachusetts Bay never exhibited the reasons 
of their claim, in answer to this report, but continued their encroach- 
ments : and, in the spring, 1755, surveyed and sold lands, Ij'ing seve- 
ral miles west of the eastern extent of the manor of Livingston and 
the patent of Claverack. 



History of JSew-York, 289 

island, the two Barn islands and the three oyster islands 
were ia the county. But the limits of the city have since 
been augmented by charter. The island is very narrow, 
not a mile wide at a medium, and about fourteen miles 
in length. The southwest point projects into a fine spa- 
cious bay, nine miles long and about four in breadtti ; 
at the confluence of the waters of Hudson's river, and 
the streight between Long Island and the northern 
shore. The narrows, at the south end of the bay, is 
scarce two miles wide, and opens the ocean to full view. 
The passage up to New-York from Sandy Hook, a point 
that extends farthest into the sea, is safe, and not above 
five and twenty miles in length. The common naviga- 
tion is between the east and west banks, in two or three 
and twenty feet water. But it is said that an eighty gun 
ship may be brought up, through a narrow, winding, 
unfrequented channel, between the north end of the 
east bank and Coney island. 

Tlie city has, in reality, no natural bason or harbour. 
The ships lie ofi* in the road, on the east side of the 
town, which is docked out, and better built than the 
west side, because the freshets in Hudson's river, fill it, 
in some winters, w^ith ice. 

The city of New- York, as I have elsewhere had occa- 
sion to mention, " consists of about two thousand five 
hundred buildings. It is a mile in length, and not above 
half that in breadth. Such is its figure, its centre of busi- 
ness, and the situation of the houses, that the mean cart- 
age from one part to another, does not exceed above 
one quarter of a mile, than which nothing can be more 
advantageous to a trading city." 

It is thought to be • as healthy a spot as any in the, 
world. The east and soutii parts, in general, are low, 

37 



290 History of New- York. 

but the rest is situated on a dry, elevated soil. The 
streets are irregular, but, being paved with round peb- 
bles, are clean, and lined with well built brick houses, 
many of which are covered with tiled roofs. 

No part of America is supplied with markets abound- 
ing with greater plenty and variety. We have beef, 
pork, mutton, poultry, butter, wild fowl, venison, fish, 
roots, and herbs, of all kinds, in their seasons. Our oys- 
ters are a considerable article in the support of the poor. 
Their beds are within view of the town ; a fleet of two 
hundred small craft, are often seen there, at a time, when 
the weather is mild, in winter ; and tiiis single article 
is computed to be worth annually 10 or 12,000/. 

This city is the metropolis and grand mart of the pro- 
tince, and, by its commodious situation, commands al- 
so all the trade of the western part of Connecticut, and 
that of East Jersey. " INo season prevents our ships 
from launching out into the ocean. During the great- 
est severity of whiter, an equal, unrestrained activity 
rtms through all ranks, orders, and employments." 

Upon the southwest point of the city stands the fort, 
which is a square with four bastions. Within the walls 
is the house in which our governours usually reside ; 
and opposite to it brick barracks, built, formerly, for 
the independent companies. The governour's house 
is in height three stories, and fronts to the west ; hav- 
ing, from the second story, a fine prospect of the bay 
and the .Jersey shore. At the south end there was for- 
merly a chapel, but this was burnt down in the negro 
conspiracy, of the spring, 1741. According to gover- 
nour Burnet's observations, this fort stands in the lati- 
tude of 40" 42' N» 



History of New- York. 291 

Below the walls of the garrison, near the water, we 
liave lately raised a line of fortifications, which com- 
mands the entrance into the eastern road and the mouth 
of Hudson's river. This battery is built of stone, and 
the merlons consist of cedar joists, fdled in with earth. 
It mounts ninety two cannon, and these are all the 
works we have to defend us. About six furlongs, 
southeast of the fort, lies Notten island, containing 
about one hundred or one hundred and twenty acres, re- 
served, by an act of assembly, as a sort of demense for 
the governours, upon which it is proposed to erect a 
strong castle, because an enemy might from thence ea- 
sily bombard the city, without being annoyed either by 
our battery, or the fort. During the kite war a line of 
pallsadoes was run from Hudson's to the East river, at 
the other end of the city, with block houses at small 
distances. The greater part of these still remain as a 
monument of our folly, which cost the province about 
8000/. 

The inhabitants of New- York are a mixed people, 
but mostly descended from the original Dutch planters. 
There are still two churches, in which religious wor- 
ship is performed in that language. The old building 
is of stone and ill built, ornamented within by a saiall 
organ loft and brass branches. The new church is a; 
high, heavy edifice, has a very extensive area, and was 
completed in 1729. It has no galleries, and yet will 
perhaps contain a thousand or twelve hundred auditors. 
The steeple of this church affords a most beautiful pro- 
spect, both of the city beneath and the surrounding 
country. The Dutch congregation is more numerous 
than any other, but as the language becomes disused, 
it is much diminished ; and unless, they change their 



292 History of Ncw-YorJc, 

worship into the English tongue, must soon suffer a to- 
tal dissipation. They have at present two ministers : 
the reverend messieurs Hitzma and De Ronde, who are 
both strict Calvinists. Their clmrch was incorporated 
on the 11th of May, 1696, by the name of the minister, 
elders, and deacons, of the reformed protestant Dutch 
church of the city of New- York, and its estate, after 
the expiration of srmdry long leases, will be worth a 
very gi'eat income.* 

All the Low Dutch congregations, in this and the pro- 
vince of New-.Tersey, worship after the manner of the 
reformed church in the United Provinces. With re- 
spect to government, they are in principle presbyteri- 
ans; but yet hold themselves in subordination to the clas- 
sis of Amsterdam, who sometimes permit, and at othet 
times refuse, them the powers of ordination. Some of 
their ministers consider such a subjection as anti consti- 
tutional, and hence, in several of their late annual con- 
ventions, at New-York, called the Coetus, some debates 
have arisen among them ; the majority being inclined 
to erect a classis, or ecclesiastical judicatory, here, for 
the government of their churclies. Those of their min- 
isters, who are natives of Europe, are, in general, averse 
to the project. The expense attending the ordination 
of their candidates, in Holland, and the reference of 
their disputes to the classis of Amsterdam, is very con- 
siderable ; and with what consequences, the interrup- 
tion of their correspondence with the European Dutch, 
"would be attended, in case of a war, well deserves their 
consideration. 



* Their charter was confirmed by a lale act of assembly, ratified by 
his majesty, which recites the viiith article of the surrender, in 16G4. 



History of New-YorL 293- 

There are, besides the Dutch, two episcopal cliurches 
in tills city, upon the plan of the esta!)lished church in 
South Britain. Trinity church was built in 169G, and 
afterwards enlarged in 1737. It stands very pleasantly 
upon the banks of Hudson's river, and has a large ce- 
metery, on each side, inclosed in the front by a painted 
paled fence. Before it a long walk is railed off from 
the Broad way, the pleasantest street of any in the 
whole town. This building vis about one hundred and 
forty-eight feet long, including the tower and chancel, 
and seventy-two feet in breadtli. The steeple is one 
hundred and seventy-five feet in height, and over the 
door facing the river is the following inscription : 
PER ANGUSTAM. 

" Hoc Trinitatis Templuni fundatum est Anno Reg- 
ni illustrissimi, supremi Domini Gulielni tertii, Dei 
Gratia, Anglice, Scotiae, Francis^ et Hibernian Regis, 
Fidei Defensoris, &c. Octavo, Annoq. Domini 1 696. 

" Ac voluntaria quorundam contributione ac Donis 
^dificatum, maxime autem, dilecti Regis Chiliarchai 
Beajamini Fletcher, hujus provinciae stratoeci et Im- 
peratoris, Munificentia animatum etauctum, cujustein- 
pore moderaminis, hujus Civitatis incolse, Religionem 
protestantem Ecclesiae Anglicanse, ut secundum Le- 
gem nunc stabilitse profitentes, quodamDiploiuate, sub 
Sigillo Provinciae incorporati sunt, atque alias pluri nas, 
ex Re sua familiari, Donationes notabiles eideai de- 
dit." 

The church is, within, ornamented beyond any other 
place of publick worship among us. The head of the 
chancel is adorned with an altarpiece, and opposite to 
it, at the other end of the building, is the organ. The 
tops of the pillars, which support the galleries, are deck- 



294 History of New- York. 

ed with Ibe gill busts of anc^els wino;ed. From the ceil- 
ing are suspended two glass branches, and on the walls 
hang the arms of some of its principal benefictors. The 
aisles are paved with flat stones. 

The present rector of this church is the rev. Mr. Hen- 
ry Barclay, formerly a missionary among the Mohawks, 
who receives 100/. a year, levied upon all the other 
clergy and laity in the city, by virtue of an act of as- 
sembly procured by governour Fletcher. He is assisted 
by Dr. .Tohnson and Mr. Auchmuty. 

This congregation, parMy by the arrival of strangers 
from Europe, but principally by prosel} tes from the 
Dutch churches, is become so numerous, that though 
the old building will contain two thousand hearers, yet 
a new one was erected in 1752. This, called St. 
George's chapel* is a very great edifice, faced with hewn 
stone and tiled. The steeple is lofty,t but irregular ; 
and its situation in a new, crouded, and ill built part 
of the town. 

The rector, churchwardens, and vestrymen of Trinity 
church, are incorporated by an act of assembly, which 
grants the two last the advowson or right of presenta- 
tion ; but enacts, that the rector shall be instituted and 
inducted in a manner most agreeable to the king's in- 
structions to the governour, and the canonical right of 
the bishop of London. Their worship is conducted af- 
ter the mode of the church of England ; and with re- 
spect to government, they are empowered to make rules 
and orders for themselves, being, if I may use the ex- 
pression, an independent ecclesiastical corporation. 

* The length, exclusive of tlie chancel, ninety-twe feet, and its 
breadth twenty feet less. 
t One hundred and seventy-five feeti 



History of NeTV'Ycrk. 295 

The revenue of this church is restricted, by an act of 
assembly, to 500/. per annum ; but it is possessed of a 
real estate, at tlie north end of the town, which, having 
been lately diviiled into lots and let to farm, will, in a. 
few years, produce a much 2;reater income. 

The presbyterians, increasing after lord Cornbury's 
return to England, called Mr. Anderson, a Scotch min- 
ister, to the pastoral charge of their congregation ; and 
Dr. John Nicol, Patrick Mac iNight, Gilbert Livingston 
and Thomas Sinith, purchased a piece of ground and 
founded a church, in 1719. Tw^o years afterwards they 
petitioned colonel Schuyler, v4io had tlien the chief 
command, for a charter of incorporation, to secure their 
estate for religious worship, upon the plan of the church 
in North Britain ; but were disappointed in their expec- 
tations, through the opposition of the episcopal party. 
Tiiey, shortly after, renewed their request to governour 
Burnet, who referred the petition to his council. Tho 
episcopalians again violently opposed the grant, and the 
governour, in 1724, wrote upon the subject to the lords 
of trade for their direction. Counsellor West, who was 
then consulted, gave his opinion in these words : " Upon 
consideration of the several acts of uniformity that have 
passed in Great Britain, I am of opinion that they do 
not extend to New- York, and consequently an act of 
toleration is of no use in that province ; and, therefore, 
as there is no provincial act for uniformity, according 
to the church of England, I am of opinion, that, by law, 
such patent of incorporation may be granted, as 
by the petition is desired. Richard West, 20 August, 
1724." 

After several years solicitation for a charter, in vain^ 
and fearful that those who obstructed such a rea.'jonable^ 



596 History of Ncrv- York. 

request, would watch an opportunity to give them a 
more efFectual wound ; those, among the {)resbyterians, 
who were invested with tlie fee simple of the cliurch and 
ground, " conveyed it, on the 16th of March, 1730, to 
the moderator of the general assembly of the church of 
Scotland and the commission thereof, the moderator of 
the presbytery of Edinburgh, the principal of the col- 
lege of Edinburgh, the professor of divinity therein, and 
the procurator and agent of the church of Scotland, for 
the time being, and their successors in office^ as a com- 
mittee of the general assem1)]y.'* On the 15th of August, 
1732, the church of Scotland, by an instrument under 
the seal of the general assembly, and signed by Mr. 
Niel Campbell, principal of the university of Glasgow, 
and moderator of the general asbcmbly and commission 
thereof; Mr. James Nesbit, one of the ministers of the 
gospel at Edinburgh, moderator of the presbytery of 
Edinburgh ; Mr. William Hamilton, principal of the 
university of Edinburgh ; Mr. James Smith, professor 
of divinity therein ; and Mr. William Grant, advocate 
procurator for the church of Scotland, for the time be- 
ing ; pursuant to an act of the general assembly, dated 
the 8th of May, 1731, did declare, " that notwithstand- 
ing tlie aforesaid right made to them and their succes- 
sors in office, they were desirous, that the afore- 
said building and edifice and appurtenances there- 
of, be preserved for the pious and religious purposes 
for which the same were designed ; and that it should 
be free and lawful to the presbyterians then resid- 
ing, or that should at any time, thereafter, be resi- 
dent, in, or near, the aforesaid city of New- York, in 
America, or others joining with them, to convene, 
in the foresaid churcli, for the worship of God iii 



History oj New-York, 291f 

all the parts thereof, and for the dispensation of all gos- 
pel ordinances ; and, generally, to use and occupy the 
said church and its appurtenances, fully and freely in 
all times comins^, they suppot ting and maintaining the 
edifice and appurtenances at their own charge." 

Mr. Anderson was succeeded, in April, 1727, by the 
rev. Mr. Ebenezer Pemberton, a man of polite breed- 
ing, pure morals, and warm devotion ; under whose in- 
cessant labours the congregation greatly increased, and 
was enabled to erect the present edifice in 1748. It is 
built of stone, railed off from the street, is eighty feet 
long and in breadth sixty. The steeple, raised on the 
south west end, is in height one hundred and forty-five 
feet. In the front to the street, between two long win- 
dows, is the following inscription gilt and cut in a black 
slate six feet in length. 

Auspicante Deo 

Banc £Edem 

Cultui divino sacrani 

In perpetuum 

celebrando, 

A. D. MDCCXIX. 

Primo fundatam ; 

Denuo penitus reparatam 

et 

Ampliorem et ornatiorem 

A.D. MDCCXLVIII 

Constructam, 

Neo-Eboracenses presbyteriani 

In suum et suorum usum 

Condentes, 

38 



298 History of New- York. 

In hac voliva tabula 
DDDQ. 

'Jr ^ ^ 

Concordia, amore 

Necnon fidei cultus et mormri 

Puritate 

Suffulta, clariusq. exornata, 

Aniiuente Christo, 
Longum perduret in sevum. 

Mr. Alexander Cummin^, a young gentleman of 
learning and singular penetration, was chosen colleague 
to iVIr. Pemberton, in 1750 : but both were dismissed, 
at their request, about three years afterwards ; the for- 
mer through indisposition, and the latter on account of 
trifling contentions, kindled by the bigotry and igno- 
rance of the lower sort of people. These debates con- 
tinued till they were closed, in April, 1756, by a deci- 
sion of the synod, to which almost all our presbyterian 
churches, in this and the southern provinces, are sub- 
ject. The congregation consists, at present, of twelve 
or fourteen hundred souls, under the pastoral cliarge of 
the reverend Mr. David Bostwick, who was latel}' trans- 
lated from .Jamaica to New- York, by a sy nodical de- 
cree. He is a gentleman of a mild, catholick disposi- 
tion ; and being a man of piety, prudence and zeal, 
confines himself entirely to the proper business of his 
function. In the art of preaching he is one of the most 
V distinguished clergymen in these parts. His discourses 
are methodical, sound, and pathetick ; in sentiment, and 
in point of diction, singularly ornamented. He deli- 
Ters himself without notes, and yet with great ease and 
fluency of expression ; and performs every part of di- 
Tiiie worship with a striking ssoleiuuity^ 



History oj NewYorJc. 299 

The French church, by the contentions in 1724, and 
the disuse of the language, is now reduced to an incon- 
siderable handfid. The building, which is of stone, 
is nearly a square,* plain both within and without. It is 
fenced from the fetreet, has a steeple and a bell, the lat- 
ter of which was the gift of sir Henry Ashurst, of Lon- 
don. On the front of the church is the followinsf in^ 
scription : 

^DES SACRA 

GALLOR. PROT. 

REFORM. 

FA JNDA. 1704. 

PENITVS 
REPAR. 1741. 

Tlie present minister, Mr. Carle, is a native of 
France, and succeeded Mr. Rou in 1754. He bears an 
irreproachable character, is very intent upon his studies, 
preaches moderate Calvinism, and speaks with proprie- 
ty, both of pronunciation and gesture. 

The German Lutheran churches are two. Both their 
places of worship are small : one of them has a cupola 
and bell. 

The Gluakers have a meetinghouse, end the Mora- 
vians, a new sect among us, a church, consisting princi- 
pally of female proselytes from other societies. Their 
service is in the English tongue. 

The Anabaptists assemble at a small meetinghouse, 
but have as yet no regular settled congregation. The 
Jews, who are not inconsiderable for their numbers, 
worship in a synagogue, erected in a very private part 
of the town, plain without, but very neat within. 

*' The area is seventy feet lon^, aod ia breadth fifty. 



300 History of New-York, 

The city hall is a strong brick building, two stories 
in height, in the shape of an ol)long, winged with one 
at each end, at right angles with the first. The floor 
below is an open walk, except Iwo jails, and the jailor's 
apartments. The cellar underneath is a dungeon, and 
the garret above a common prison. This ediiice is 
erected in a place where four streets meet, and fronts, 
to the southwest, one of the most spacious streets in 
town. The eastern wing, in the second story, consists 
of the assembly chamber, a lobby, and a small room 
for the speaker of the house. The west wing, on the 
same floor, forms the council room and a library ; and 
in the space between the ends, the supreme court is or- 
dinarily held. 

The library consists of a thousand volumes, which 
were bequeathed to the society for the propagation of 
the Gospel in foreign parts, by Dr. Millington, rector of 
INewington. Mr. Humphrys, the society's secretary, in 
a letter of tlie 23d of September, 1728, informed gover- 
nour Montgomerie, that the society intended to place 
these books in New-York, intending to establish a li- 
brary, for the use of the clergy and gentlemen of this 
and the neighbouring governments of Connecticut, Ncav- 
Jersey, and Pennsylvania, upon giving security to re- 
turn them ; and desired the governour to recommend 
it to the assembly, to provide a place to deposit the 
books, and to concur in an act for the preservation of 
them and others that might be added. Governour 
Montgomerie sent the letter to the assembly, who or- 
dered it to be laid before the city corporation, and the 
latter, in June, 1729, agreed to provide a proper reposi- 
tory for the books, which were accordingly soon after 



History of New-York, 301 

sent over. The greatest pail of tliem are upon Ibeolo- 
gical subjects, and, through the carelessness of the keep- 
ers, many are missing. 

In 1754, a set of gentlemen undertook to carry about 
a subscription towards raising a publick library, and in 
a few days collected near 600/. which were laid out in 
purchasing about seven hundred volumes of new, well 
chosen books. Every subscriber, upon payment of 51, 
principal, and the annual sum of lOs. is entitled to the 
use of these books. His right, by the articles, is assign- 
able, and for non compliance with them may be forfeit- 
ed. The care of this library is committed to twelve 
trustees, annually elected by the subscribers, on the 
last Tuesday of April, who are restricted from making 
any rules repugnant to the fundamental subscription. 
This is the beginning of a library, which, in pro- 
cess of time will probably become vastly rich and vo- 
luminous ; and it would be very proper for tlie compa- 
ny to have a charter for its security and encourage- 
ment. The books are deposited in the same room with 
those given by the society. 

Besides the city hall, there belong to the corporation, 
a large almshouse or place of correction, and the ex- 
change, in the latter of which there is a large room rais- 
ed upon brick arches, generally used for publick enter- 
tainments, concerts of musick, balls and assemblies. 

Though the city was put under the government of a 
mayor, &c. in 1665, it was not regularly incorporated 
till 1686. Since that time several charters have been 
passed : the last was granted by governour Montgo- 
merie on the 15th of January, 1730. 

It is divided into seven wards, and is under the go- 
vernment of a mayor, recorder, seven aldermen, and a» 



302 History of New-York. 

many assistants or common coimcilmen. The mayor, 
a sheriff', and coroner, are annually appointed by the 
governoiir. The recorder has a patent during pleasure. 
The aldenuen, assistants, assessors and collectors, are 
annually elected by the freemen and freeholders of the 
respective wards. The uiayor has the sole appoint- 
ment of a deputy, and, together with four aldermen, 
may app.int a chamberlain. The mayor, or recorder, 
fou.r allermen, and as many assistants, form " Ttie com- 
mon council of the city of New-York ;" and this body, 
by a majority of voices, hatli power to make bye laws 
for the government of the city, which are binding only 
for a year, unless confirmed by the governour and coun- 
cil. They have many other privileges relating to fer- 
riages, markets, fairs, the assize of bread, wine, <S.:c. and 
the licensing and regulation of tavern keepers, cartage, 
and the like. The mayor, his deputy, the recorder and 
aldermen, are constituted justices of the peace ; and 
may hold not only a court of record once a week, to 
take cognizance of all civil causes, but also a court of 
general quarter sessions of the peace. They have a 
common clerk, commissioned by the governour, who en- 
joys an appointment worth about four or five hundred 
pounds per annum. The annual revenue of the corpo- 
ration is near two thousand pounds. The standing mi- 
litia of the island consists of about twenty -three hun- 
dred men,* and the city has in reserve, a thousand stand 
of arms for seamen, the poor and others, in case of an 
invasion. 

* The Avhole number of the inhabitants, exclusive of females above 
sixty, accordinn; to a list returned to the governour, in tlie spring, 
1756, amounted to 10,468 whites, and 2,275 negroes; but that ac- 
count is erroneous. It is most prob.ible that there are in the city 
15,000 souls. 



History oj Nciv-Yorh '303 

The north eastern part of New- York island, is inha- 
bited, principally, by Dutch fanners, who have a small 
village there called Haerlein, pleasantly situated on a 
flat cultivated for the city markets. 

WESTCHESTER. 

This covmty is laroe, and includes all the land be- 
yond the island of Manhattans, along the sound, to the 
Connecticut line which is its eastern boundary. It ex- 
tends northward to tlie middle of the highlands, and 
westward to Hudson's river. A great part of this coun- 
ty is contained in the manors of Philipsburgh, Pcdham, 
Fordham, and Courtlandt, the last of which has the 
piivilege of sending a representative to the general as- 
sembly. The county is tolerably settled. The lands 
are in general rough but fertile, and therefore the far- 
iTieis run principally on grazing. It has several towns, 
East-Chester, West-Chester, New-Rochelle, Rye, Bed- 
ford, and North-Castle. The inhabitants are either Eng- 
lish or Dutch presbyterians, episcopalians, quakers and 
French protestants. The former are the most nume- 
rous. The two episcopal missionaries are settled at Rye 
and East-Chester, and receive each 60/. anmially taxed 
upon the county. The town of West-Chester is an in- 
corporated borough, enjoying a mayor's court, and the 
right of being represented by a member in assembly. 

DUTCHESS. 

This county adjoins to West-Chester, which bounds 
it on the south, the Connecticut line on the east,* Hud- 

* In describins; the limits of the se%'eral counties, I regard their 
bounds according to the jurisdictioa as now exercised in each, rather 



3G4 History of New-York. 

feon's river on the west, and the county of Albany on 
the north. The south part of this county is mountain- 
ous and fit only for iron works, but the rest contains a 
great quantity of i^ood upland well watered. The only 
Tillages in it are Pouglikeepsie and the Fish Kill, though 
they scarce deserve the name. The inhabitants on the 
banks of the river are Dutch, but those more easterly. 
Englishmen, and, for the most part, emigrants from 
Connecticut and Ijong Island. There is no episcopal 
church in it. The growth of this county has been very 
sudden, and commenced but a few years ago. Within 
the memory of persons now living, it did not contain 
above twelve families ; and, according to the late re- 
turns of the militia, it will furnish, at present, above 
two thousand five hundred fighting men. 

ALBANY. 

This county extends from the south bounds of the 
manor of Livingston, on the east side, and Ulster, on 
the west side of Hudson's river : on the north its limits 
are not yet ascertained. It contains a vast quantity of 
fine low land. Its principal commodities are wheat, 
peas, and pine boards. 

The city of Albany, which is near one hundred and 
fifty miles from New-York, is situated on the west side 
of the river. There our governours usually treat with 
the Indians dependent upon the British crown. The 
houses are built of brick, in the Dutch taste, and are in 
number about three hundred and fifty. There are two 

than the laws relating to them, which are very imperfect, especialljr 
the general act, in 1691. The greatest part of Hudson's river is not 
included ia any of our counties. 



History of New- York. 305 

churches in it. That of the episcopalians, the only one 
in this large county, is a stone building. The congre- 
gation is but small, almost all the inhabitants resorting 
to the Dutch church, which is a plain, square, stone 
edifice. Besides these, they have no other publick 
buildings, except the city hall and the fort ; the latter 
of which is a stone square, with four bastions, situated 
on an eminence which overlooks the town, but is itself 
commanded by higher ground. The greatest part of 
the city is fortified only by palisadoes, and in some 
places there are small cannon planted in blockhouses. 
Albany was incorporated, by colonel Dongan, in 1686, 
and is under the government of a mayor, recorder, six 
aldermen, and as many assistants. It has also a sheriff^ 
town clerk, chamberlain, clerk of the markets, one 
high constable, three sub-constables, and a marshal. 
The corporation is empowered besides, to hold a ma- 
yor's court for the trial of civil causes, and a court of 
general quarter sessions. 

Sixteen or eighteen miles northwest from Albany 
lies Schenectady, on the banks of the Mohawks' river, 
which falls into Hudson's river tAvelve miles to the 
north of Albany. This village is compact and regular, 
built principally of brick, on a rich flat of low land, sur- 
rounded with hills. It has a large Dutch church, with 
a steeple and town clock, near the centre. The wind- 
ings of the river through the town, and the fields (which 
are often overflowed in the spring) form, about harvest, 
a most beautiful prospect. The lands, in the vale of 
Schenectady, are so fertile that they are commonly 
sold at 45Z. per acre. Though the farmers use no kind 
of manure they till the fields every year, and they al- 
ways produce full crops of wheat or peas. Their 

39 



306 History of ISew-York. 

church was incorporated by governour Cosby, and the 
town has the privilege of sending a member to the as- 
sembly. 

From this village rur Indian traders set out in bat- 
toes for Oswego. The Moliawks' river, from hence to 
fort Hunter, abounds with rifts and shoals, which, in the 
spring, give but little obstruction to tiie navigation. 
From thence to its head, or ratlier to the portage into 
the Wood creek, the conveyance is easy and the cur- 
rent less rapid. The banks of this river are, in general, 
low, and the soil exceeding good. Our settlements, on 
the north side, extend to Burnet's field, a flat inhabited 
by Germans, wliich produces wheat and peas in surpris- 
ing plenty. On the south side, except a few Scotch 
Irish in Cherry Valley at the liead of busfjueijanna, we 
have but few farms west of the three German towns on 
Schoharie, a small creek which empties itself into the Mo- 
hawks' river, about twenty miles west of Schenectady. 
1 he fur trade at Oswego, is one of tiie principal alvan- 
tages of this county. The Indians resort thither in May, 
and the trade continues till the latter end of .July. A 
good road n)ight be made from Schenectady to Oswego. 
In the summer seventeen hundred and fifty-live, fat cat- 
tle were easily driven there for the army under tlie 
command of general Shirley. 

The piincipal settlements to the northward of Albany 
are Connchtigiuiie, eastward of Schenectady, on the Mo- 
liauks' river, which a little lower tumbles down a pre- 
cipice of about seventy feet high, called the Cahoes. 
The surprise, which, as one might imagine, would na- 
turally be excited by the view of so great a cataract, is 
much din)inished by the height of the banks of the ri- 
ver ; besides, the fall is as uniform as a niiii ciam, being 
uninteirupted by tiie projection oi rucks. 



History of New-York. 307 

At Scaglitabook, on the east side of the north branch 
f)f Hudson's river, there are a few farms, but many more 
sev< ral miles to tlie eastward, and al)out twenty-five miles 
from Albany, in Ihe patent of Flosick. Tiiese were all 
broke up by an irruption of French and Indians, who, 
on the 28th of August, 1754, killed and scalped two 
persons, and set fire to the houses and barns. 

About forty miles to the northward of Albany, on 
the west side of the river, lies Saratoga, a fme tract of 
low land, from which several faniiiids were driven by 
the French Indians, in the late war. A project of pur- 
chasing these lands from the proprietors, settling them 
with Indians, raising a fort there and cultivating the 
soil for them, has been often talked of siace captain 
Campbel's disappointment, as a proper expedient to 
curb the scalping parties sent out from Crownpoint. 

In the southern part of the county of Albany, on 
both sides of Hudson's river, the settlements are very 
scattered, except within twelve miles of the city, when 
the banks become low and accessible. The islands 
here, which are many, contain perhaps the finest soil in 
the world. 

There are two manors in the county, Renslaerw^yck 
and Livingston, which have each the privilege of sending 
a member to the assembly. ' The tenants of these man- 
ors, and of the patents of Claverack, have free farms at 
the annual rent of a tenth of the produce, which has as 
yet been neither exacted nor paid. At Ancram, in the 
manor of Livingston, is an iron furnace, about fourteen 
miles from the river. Its best and most improved lands 
lie at Tachanic, in the eastern parts, which have of late 
been much disturbed by the inroads of the Massachu- 
setts' Bay, on this and the patents of Westenhook and 
GlaveracL 



308 History of New- York. 

The winters in this county are commonly severe, and 
Hudson's river freezes so hard a hundred miles to the 
southward of Albany, as to bear sleds loaded with great 
burdtns. Much snow is very serviceable to the far- 
mers here, not only in protecting their grain from the 
frost, but in facilitating the transportation of their 
boards and other produce, to the banks of the river, 
against the ensuing spring. 

ULSTER. 

This county joins to that of Albany, on the west side 
of Hudson's river. Its northern extent is fixed at Saw- 
yer's rill : the rivers Delaware and Hudson bound it 
east and west, and a west line from the mouth of Mur- 
derer's creek is its southern limit. 

The inhabitants are Dutch, French, English, Scotch, 
and Irish, but the first and the last are most numerous. 
The episcopalians in this county are so inconsiderable, 
that their church is only a mean loghouse. The most 
considerable town is Kingston, situated about two miles 
from Hudson's river. It contains about one hundred 
and fifty houses, mostly of stone, is regularly laid out 
on a dry level spot, and has a large stone church and 
court house near the centre. It is thouglit to resemble 
Schenectady, but far exceeds it in its elevation : on the 
north side of the town, the Esopus kill winds through 
rich and beautiful lawns. The people of Ulster, hav- 
ing long enjoyed an undisturbed tranquility, are some 
of the most opulent farmers in the whole colony. 

This county is most noted for fine flour, beer, and a 
good breed of draught horses. At the commencement 
of tlie range of the Apalachian hills, about ten miles 
from Hudson's river, is an inexhaustible quarry of mill- 



History of New- York. 809' 

stones, wliich far exceed those from Colen, in Europe, 
formerly imported here, and sold at 80/. a pair. The 
Marbletown millstones cost not a fourlli part of that 
sum. This and the counties of Dutchess and Oranire 
abound with limestone, and on the banks of Hudson's 
river are found o^reat bodies of blue slate. 

The principal villages, besides Kingston, are Mar- 
bletown, Hurley, Rochester ,New-Paltz, and the AYall- 
kill, each of which is surrounded with fine tracts of low 
land. The militia of Ulster is about fifteen or sixteen 
hundred men and a company of horse. 

ORANGE 

County is divided by a range of mountains, stretch- 
ing westward from Hudson's river, called the Highlands. 
On the north side the lands are very broken, but fertile, 
and inliabited by Scotch, Irish, and English preshyte- 
rians. The society's missionary in Ulster preaches 
here sometimes to a small congregation of the episco- 
pal persuasion, which is the only one in the county. 
Their villages are Goshen, Bethlehem and Little Bri- 
tain, all remarkable for producing, in general, the best 
butter made in the colony. The people on the south 
side of the mountains are all Dutch : and Orangetown, 
more commonly called by the Indian name, Tappan, is 
a small, but very pleasant inland village, with a stone 
court house and church. The militia consists of about 
thirteen hundred fighting men. 

This county joins to the province of New- Jersey on 
the south ; and the non settlement of the partition line 
has been the greatest obstruction to its growth. 

There is a very valuable tract, called the drowned 
lands, on the north side of the mountains, containing 



3lO History of New- York. 

about forty or fifty thousand acres. The waters, which 
descend from the surroun(iin^ hills, being but slowly 
discharged by the river issuing out of it, cover these 
vast meadows every winter ; and hence they becom6 
extremely fertile. The fires kindled up in the woods, 
by the deer hunters in autumn, are communicated by 
the leaves to these meadows, before the waters rise 
above the channel of the river, and a drea^Iful devour- 
ing conflagration overruns it, consuming the herbage^ 
for several days. The W'allkill river, v\iiicli runs 
through this extensive, ampliibious tract, if I may use 
the expression, is, in the spring, stored with eels of un- 
common size and plenty, very useful to the farmers re- 
siding on its banks. The river is about two chains in 
breadth, where it leaves the droVvned lands, and has a 
considerable fall. The bottom of it is a broken rock ; 
and I am informed by Mr. Clinton, a gentleman of inge- 
nuity and a mathematical turn, that the channel might, 
for less than 2,000/. be sutticiently deepened to draw 
off all the water from the meadows. Some parts near 
the banks of the upland, have been already redeemed 
from the floods. These spots are very fei tile, and pro- 
duce English grass, hemp, and Indian corn. 

The mountains, in the county of Orange, are clothed 
thick with timber, and abound with iron ore, ponds, and 
fine streams for iron works. Goshen is well supplied 
with white cedar, and in some pails of the woods is 
found great plenty of black walnut. 

Before I proceed to the description of the southern 
counties, I beg leave to say a few words concerning 
Hudson's river. 

Its source has not, as yet, been discovered. We 
know, in general, that it is in the mountainous, uninhab- 



History of New-York. 311 

itefl country, between the lakes Ontario and Champlain. 
In its Course Siiuthvvard it approaches the Mohawks' ri- 
ver within a few miles at Saiicondanoa. From thence it 
runs north and northeasterly towards lake St. Sacra- 
ment, now called lake George, and is not above eight 
or ten miles distant from it. Tiie course then to New- 
York is very uniform, being in the main south 12 oi> 
15° west. 

The distance from Albany to lake George is comput- 
ed at sixty -five miles. The river in that interval is na- 
vigable only for battoes, and interrupted by rifts, which 
occasion two portages of half a mile each.* There are 
three routes from Crownpoint to Hudson's river in the 
way to Albany ; one through lake George, another 
through a branch of lake Champlain, bearing a southern 
cour>e, and ter.ninating in a bason, several miles east 
of lake George, called the South bay. The third is by 
ascending the Wood creek, a shall )w stream about one 
hundred feet broad, which, coming from the southeast, 
empties itself into the south branch of the lake Cham- 
plain. 

The place, where these routes meet, on the banks of 
Hudson's river, is called the carrying place. Here foil 
Lyiuan, since called fort Edward, is built ; but fort 
William Henry, a much stronger garrison, was erected 
at the south end of lake George, after the repulse of the 
French forces under the command of baron Uieskau, on 
the 8th of September, 1755. General Shirley thought 
it more advisable to strengthen fort Edward in the con- 
currence of three routes, than to erect the other at lake 
George, seventeen miles to the northvvard of it ; and 

* In the passas;? from Albany to fort Edward, the whole land cffr» 
riage is about twelve or ihirteeo miles. 



312 History of New-York. ' 

wrote a very pressing letter upon that head to sir Wil- 
liam Johnson, who then comnianded the provincial 
troops. 

The banks of Hudson's river are, for the most pari, 
rocky cliff's, especially on the western shore. The pas- 
sage through the highlands affords a wild romantick 
scene, for sixteen miles, through steep and lofty moun- 
tains. The tide flows a few miles above Albany. The 
navigation is safe, and performed in sloops of about 
forty or fifty tons burden, extremely well accommodat- 
ed to the river. About sixty miles above the city of 
New- York the water is fresh, and in wet seasons much 
lower. The river is stored with a variety of fish, which 
renders a summer's passage to Albany, exceedingly di- 
verting to such as are fond of angling. 

The advantages of this river for penetrating into Can- 
ada, and protecting the southern colonics from the ir- 
ruptions of the French, by securing the command of 
the lakes, and cutting off the communication between 
the French settlements on St. Lawrence and the Mis- 
sisippi, though but lately attended to, must be very ap- 
parent to every judicious observer of the maps of the 
iiiland part of North America. 

The French, as appears from the intended invasion, 
in 1689, have long eyed the English possession of this 
province with jealousy ; and it becomes us to fall upon 
every method for its protection and defence. 

The singular conveniency of Hudson's river to this 
province, in particular, was so fully shewn in one of the 
late papers, published in 1753, under the title of the In- 
dependent Reflector, that 1 cannot help reprinting the 
passage relating to it. 



History of JSIew-York. 313 

«' High roads, which, in most trading countries, are 
extrenifily expensive, and awake a continual atlention 
for tlieir reparation, demand, from us, comparatively 
speaking, scarce any publick notice at all. The whole 
province is contained in two narrow oblong^s, extendino- 
from the city east anrl north, Ijaving water carriage from 
the extremity of one, and from the distance of one hun- 
dred and sixty miles of the other ; and, by the most ac- 
curate calculation, has not, at a medium, above twelve 
miles of land carriage, throughout its whole extent. 
This is one of the strx)ngest motives to the settlement of 
a new country, as it aiTords the easiest and most speedy 
conveyance from the remotest distances, and at the low- 
est expense. The effects of this advantage are greater 
than we usually observe, and are therefore not suffi- 
ciently admired. 

" The province of Pennsylvania, has a fine soil, and, 
through the importation of Germans, abounds with in- 
habitants ; but being a vast inland country, its produce 
must, of consequence, be brought to a market over a 
great extent of ground, and all by land carriage. Hence 
it is, that Philadelphia is crouded with waggons, carts, 
horses, and their drivers : a stranger, at his first entrance, 
would imagine it to be a place of traffick, beyond any one 
tow n in the colonies ; while at New- York, in particular, 
to which the produce of the country is all brought by 
water, there is more business, at least, business of profit, 
though with less show and appearance. Not a boat in 
our river is navigated with more than two or three men 
at most ; and these are perpetually coming in from, and 
returning to, all parts of the adjacerst country, in the 
same employments that fill the city of Ptiiladelphia 
with some hundreds of men, who, in respect to the pub- 

40 



^514 History oJNetV'York. 

lick advantnge, may Justly be said to be labi^rioiisi yidle ; 
for, let any one nicely compute the expense oi" a wag- 
gon, with its tackling ; the time of two men in attend- 
ing it ; their maintenance ; four horses and the charge 
of their provendei", on a journey of one, though they of- 
ten come, two hundred miles ; and he will find these 
several particulars amount to a sum far from being in- 
considerable. All this time the New-York farmer is in 
the course of his proper business, and the unincumbered 
ac(juisitions of his calling; for, at a medium, there is 
scarce a farmer in the province, that cannot transport 
the fruits of a year's labour, from the best farm, in three 
days, :<t a proper season, to some convenient landing, 
where the market will be to his satisfaction, and all the 
wants from the merchant, cheaply supplied : besides 
•which, one boat shall steal into the harbour of JXevw 
York, with a lading of more burden and value, than 
forty waggons, one hundred and sixty horses, and eigh- 
ty men, into Philadelphia ; and peihaps with less noise, 
bluster, or show than one. 

*' Prodigious is the advantage we have in this article 
alone, I siiall not enter into an abstruse calculati^m, to 
evince the exact value of it, in all the lights in which it 
may be considered ; thus much is certain, that barely 
on account (>f our easy carriage, the profits of farming, 
with us, exceed those in Pennsylvania, at least by thirty 
per cent, and that diflisrence, in favour of our farmers, 
is of itself sufficient to enrich them ; while the others 
find the disadvantage they are exposed to, so heavy, (es- 
pecially the remote inhabitants of their country) tlidt a 
bare subsistence is all Ihey can reasonably hope to ob- 
tain. Take this province ti^roughout, the expense of 
tjansporting a bushel of wheat, is but t wo pence, for the- 



History of New-York. 315 

♦distance of one hundred miles ; but the same quantity 
at the like distance in Pennsylvania, will always exceed 
us one shilling at least. The proportion between us, in 
the conveyance of every thing else, is nearly the same. 
How great, then, are the incumbrances to which they 
are exposed ! what an immense charge is saved to us | 
how sensible must the eml)arrassments, tiiey are subject 
to, be to a trading people !" 

RICHMOND 

CouNTV consists of Staten Island, which lies nine miles 
southwest ward from the city of INew-York. It is about 
eighteen miles long, and at a medium six or seven in 
breadth. On the south side is a considerable tract of 
good level land, but the island is, in general, rough, and 
the hills high. The inhabitants are principally Dutch 
and French. The former have a church, but the latter, 
having been long without a minister, resort to an epis- 
copal church in Richmond town, a poor mean village 
and the only one on the island. The pars(>n of the pa- 
rish leceives 40/. per annum, raised by a tax upon the 
county. 

Southward of the main coast of this and the colony 
of Connecticut, lies Long Island, called, by the Indians, 
Matow^acs, and named, according to an act of assciubly 
in king William's reign, Nassau. Its length is comput- 
ed at one hundred and twenty miles, and the mean 
breadth twelve. Tlie lands on the north and south side 
are good, but in the middle sandy and barren. The 
southern shore is fortified against any invasion from the 
sea by a beach inaccessible to ships, and rarely to be 
approached, even by the smallest long boats, on account 
of the surge, which breaks upon it with great fury, evert 



316 History of New-York, 

■^vhen the winds are li^ht. Tlie coast east and west ad- 
mits of regular soundings far into the ocean, and as the 
lands are, in genera], low for several hundred miles, 
nothing can be more advantageous to our ships, than 
the high lands of Neversink, near the entrance at the 
Hook, which are scarce six miles in length, and (^ften 
seen thirty leagues from the sea. This island affords 
the finest roads in America, it being very level and but 
indifferently watered. It is divided into three counties. 

KING'S 

County lies opposite to New-York, on the noilh 
side of Long Island. The inhabitants are all Dutch, 
and enjoying a good soil, near our markets, are, gene- 
rally, in easy circumstances. I'he county, which is 
very small, is settled in every part, and contains several 
pleasant villages, viz. Bushwick, Brooklyn, Bedford, 
rialbush, Flatlands, New-Eutrecht, and Gravesend. 

aUEEN'S 

County is more extensive, and equally well settled. 
The principal towns are Jamaica, Hempstead, Flushing, 
Newtown and Oysterbay. Hempstead plain is a large, 
level, dry, champaign heath, about sixteen miles long, 
and six or seven wide, a common land belonging to 
the towns of Oysterbay and Hempstead. The inhabi- 
tants are divided into Dutcli and English presbyterians, 
episcopalians and quakers. 

There are but two episcopal missionaries in this 
county, one settled at Jamaica, and the other at Hemp- 
stead : and each of them receives 60/. annually, levied 
upon all the inhabitantsv 



History of Ncw-Yort 317 

SUFFOLK 

Includes all the eastern part of Long Island, Shelter 
Island, Fisher's Island, Pluinb Island, and the Isle of 
White. This large county has been long settled, and, 
except one small episcopal congregation, consists en- 
tirely of English presbyterians. Its principal towns are 
Huntington, Smithtown, Brookhaven, Southampton, 
Southhold, and Easthampton. The farmers are, for the 
most part, graziers ; and, living very remote from New- 
York, a great part of their produce is carried to mar- 
kets in Boston and Rhode Island. The Indians, who 
were formerly numerous on this island, are now be- 
come very inconsiderable. Those that remain, gene- 
rally bind tliemselves servants to the Englisli. The 
■whale fishery, on the south side of the island, has de- 
clined of late years, through the scarcity of whales, and 
is now almost entirely neglected. 

The Elizabeth islands, Nantucket, Martin's Vine- 
yard, &;c. and Pemy Quid, which anciently formed 
Duke's, and the county of Cornwal, are now under the 
jurisdiction of Massachusetts Bay. Sir William Phips 
demanded them of governour Fletcher, in February, 
1692-3, not long after the new charter to that pro- 
vince : but the government here was then of opinion 
that that colony was not entitled to any islands west- 
ward of Nantucket. 

An estimate of the comparative wealth of our coun- 
ties may be formed from any of our assessments. In 
10,000/. part of a 45,000/. tax, laid in 1755, the propor^ 
lions, settled by an act of assembly, stood thus : 
New- York, X3,332 

Albany, 1,060 

King's, 484 



.318 History of New-York. 

Queen's, 1,000 

Suffolk, 860 

Richmond, 304 

Westciiester, 1,000 

Ulster, 860 

Dutchess, 800 

Orange, 300 

jL10,000 



CHAPTER 11. 

Of the Inhahitants. 

This province is not so populous as some have ima- 
gined. Scarce a third part of it is under cidlivalion. 
The colony of Connecticut, which is vastly inferiour to 
this in its extent, contains, according^ to a late authen- 
tick enquiry, above 133,000 inhabitants, and has a mi- 
litia of 27,000 men ; but the militia of New-York, ac^ 
cording to the general estimate, does not exceed 18,000. 
The whole number of souls is computed at 100,000. 

Many have been the discouragements to the settle- 
ment of this colony. The French and Indian irrup- 
tions, to which we have always been exposed, have dri- 
Ten many families into New-.Tersey. At home, the 
British acts for the transportation of felons, have 
brought all the American colonies into discredit with 
the industrious and honest poor, both in the kingdoms 
of Great Britain and Ireland. The mischievous tenden- 
cy of those laws Avas shown in a late paper, which it 
may not be improper to lay before the reader.* 

* The Independent Reflector. 



History of Netv-YorJc. 319. 

" It IS too well known that in pursuance of clivers 
acts of parliament, great numbers of fellows who have 
forfeited their lives to the publick, for the most atrocious 
crimes, are annually transported from home to these 
plantations. Very surprising, one would think, that 
thieves, burglars, pickpockets, and cut purses, and a 
herd of the most flagitious banditti upon earth, should 
be sent as agreeable companions to us ! Iliat the su- 
preme legislature did intend a transjjortation to Ame- 
rica, for a punishment of these villains, 1 verily believe : 
but so great is the mistake, that confident I am, they are 
thereby, on the contrary, highly rewarded. For what, 
in God's name, can be more agreeable to a penurii>us 
wretch, driven, througii necessity, to seek a livelihood 
by breaking of hous- s, and robbing upon tlie king's 
highway, than to be saved from the halter, redeemed 
from the stench of a gaol, and transported, passage free, 
into a country, where, being unknown, no man can re- 
proach him with his crimes ; where labour is high, a lit- 
tle of wliich will maintain him ; and where all his ex- 
penses will be moderate and low. There is scarce a 
thief in England that would not rather be transported 
than hanged. Life in any condition, but that of extreme 
misery, will be preferred to death. As long, therefore, 
as there remains this wide door of escape, the number 
of thieves and robbers at home, will perpetually multi- 
ply and their depredations be incessantly reiterated. 

" But the acts were intended for the better peopling 
the colonies. And will thieves and murderers be con- 
ducive to that end ? what advantage can we reap from 
a colony of luirestrainable renegadoes ? will they exalt 
the glory of th^ crow n ? or rather, will not the dignity 
©f tli© most illuistrioug monarch in the world, be sullied. 



320 History of New- York. 

by a province of subjects so lawless, detestable, and ig- 
nominious? can agriculture be promoted, when the wild 
boar of the forest breaks down our hedges and pulls up 
our vines / will trade flourish, or manufuctines be en- 
couraged, where properly is made the spoil of such who 
are too idle to work, and wicked enough to murder and 
steal ? 

" Besides, are we not subjects of the same king, with 
the people of England ; members of the same body po- 
litick, and therefoie entitled to equal privileges with 
them ? if so, how injurious does it seem to free one part 
of the dominions from the plagues of mankind, and cast 
them upon another ? should a law be proposed to take 
the poor of one parish, and billet them upon another, 
w^ould not all the world, but the parish to be relieved, 
exclaim against such a project, as iniquitous and ab- 
surd ? should the numberless villains of London and 
Westtninster be sutlered to escape from their prisons, 
to range at large and depredate any other part of the 
kingdom, would not every man join with the sufferers, 
and condemn the measure as hard and imreasonable ? 
and though the hardships upon us, are indeed not equal 
to those, yet the miseries that flow from laws, by no 
means intended to prejudice us, are too heavy, not to 
be felt. But the colonies must be peopled. Agreed : 
and will the transportation acts ever have that tenden- 
cy ? no, they Avork the contrary way, and counteract 
their own design. We want people, 'tis true, but not 
villains ready, at anytime, encouraged by impunity, and 
habituated upon the slightest occasions, to cut a man's 
throat, for a small part of his property. The delights 
of such company, is a noble inducement, indeed, to the 
honest poor, to convey themselves into a strange coun- 



History of Nen-YorL 321 

try. Admidst all our plenty, they will have enough to 
exercise their virtues, and stand in no need of the asso- 
( iation of such as will prey upon their property, and 
gorge themselves with the blood of the adventurers. 
They came over in search of happiness ; rather than 
starve, will live any where, and would be glad to be ex- 
cused from so afflicting an antepart of the torments of 
hell. In reality, sir, tliese very laws, though otherwise 
designed, have turned out, in the end, the most etTectual 
expedients, that the art of man could have contrived, to 
prevent the settlement of these remote parts of the king's 
dominions. They have actually taken away almost ev- 
ery encouragement to so laudable a design. I appeal 
to facts. The body of the English are struck with ter- 
rour at the thought of coming over to us, not because 
they have a vast ocean to cross, or leave behind tiiem 
their friends ; or that the country is new and unculti- 
vated : but from tiie shocking ideas, the mind must ne- 
cessarily form of the company of inhuman savages, and 
the more terrible lierd of exiled malefactors. There 
are thousands of honest men, labouring in Europe, at 
four pence a day, starving in spite of all their efforts, a 
dead weiglit to the respective parishes to which they be- 
long ; who, without any other qualifications than com- 
mon sense, health, and strength, might accumulate 
estates among us, as many have done already. These, 
and not the others, are the men that should be sent over, 
for the better peopling the plantations. Great Britain 
and Ireland, in their present circumstances, are over- 
stocked with them ; and he who would immortalize 
himself, for a lover of mankind, should concert a scheme 
for the transportation of tiie industriously honest abroad 
and the immediate punishment of rogues and plunderers 

41 



322 History of New-York. 

at home. The pale faced, half clad, meagre, and starv- 
ed skeletons, that are seen hi every village of those 
kingdoms, call loudly for the patriot's generous aid. 
The plantations too would thank him for his assistance, 
in obtaining the repeal of those laws, which, though 
otherwise intended by the legislature, have so imhajspi- 
\y proved injurious to his own country, and ruinous to 
us. It is not long since a bill passed the commons for 
the employment of such criminals in his majesty's 
docks, as should merit the gallows. The design was 
good. It is consistent with sound policy, that all those, 
who have forfeited theii* liberty and lives to their coun- 
try, should be compelled to labour the residue of their 
days in its service. But the scheme was bad, and wisely 
was the bill rejected by the lords, for this only reason, 
that it had a natural tendency to discredit the king's 
yards : the consequences of which must have been pre- 
judicial to the whole nation. .Just so ought we to reason 
in the present case, and we should then soon be brought 
to conclude, that though peopling the colonies, which 
was the laudable motive of the legislature, be expedient 
to the publick ; abrogating the transportation laws 
must be equally necessary." 

The bigotry and tyranny of some of our governours, 
together with the great extent of their grants, may also 
be considered among the discouragements against the 
full settlement of the province. Most of these gentle- 
luen, coming over with no other view than to raise their 
own fortunes, issued extravagant patents, charged with 
gmall quitrents, to such as were able to serve them in 
assembly : and these patentees, being generally men of 
estates, have rated their lands so exorbitantly high, that 
\QYy few poor persons could either purciiase or lease 



ilislory of New-York. 323 

thevii. Add to all these, that the Nevv-Eni^land plant- 
ers have always been disaffected to the Dutch, nor was 
there, after the surrender, any foreign accession froai 
the [Vetherlands. The province beinj^ tlius poorly in- 
habited, the price of labour became so enormously en- 
hanced, that we have been constrained to import ne* 
groes from Africa, who are employed in all kinds of 
servitude and trades. 

English is the most prevailing language among us, 
but not a little corrupted by the Dutch dialect, whicli 
is still so much used, in some counties, that the sherifFs^ 
find it difficult to obtain persons sufficiently acquainted 
with the English tongue, to serve as jurors in the courts 
of law. 

The manners of the people differ, as well as their 
language. In Suffolk and (Queen's county, the first set- 
tlers of which were either natives of England, or the 
immediate descendants of such as began the plantations 
in the eastern colonies, their customs are similar to 
those prevailing in the English counties, from whence 
they originally sprang. In the city of New- York, 
through our intercourse with Europeans, we follow the 
London fashions ; though, by the time we adopt them, 
they become disused in England. Our affluence, dur- 
ing the late war, introduced a degree of luxury in ta- 
bles, dress q^id furniture, with which we were before 
unacquainted. But still we are not so gay a people as 
our neighbours at Boston, and several of the southern 
colonies. The Dutch counties, in some measure, follow 
the example of New- York, but still retain many modes 
peculiar to Hollanders. 

The city of New- York consists principally of mer- 
chants, shopkeepers, and tradesmen, who sustain the 



324 History of New- York. 

reputation of honest, punctual and fair dealers. With 
respect to riches, there is not so great an inequality 
among us, as is common in Boston, and some other 
places. Every man of industry and integrity has it in 
his power to live well, and many are the instances of 
persons, who came here distressed by their poverty, 
who now enjoy easy and plentiful fortunes. 

New-York is one of the most social places on the 
continent. The men collect themselves into weekly 
evening clubs. The ladies, in winter, are frequently 
entertained either at concerts of musick or assemblies, 
and make a very good appearance. They are comely, 
and dress well ; and scarce any of them have distorted 
shapes. Tinctured Avith a Dutch education, they ma- 
nage their families with becoming parsimony, good pro- 
vidence, and singidar neatness. 'I'he practice of extra- 
vagant gaming, common to the fashionable part of the 
fair sex, in some places, is a vice with which my coun- 
trywomen cannot justly be charged. There is nothing 
they so generally neglect as reading, and, indeed, all 
the arts for the improvement of the mind, in which, I 
confess, we have set them the example. They are mo- 
dest, temperate, and charitable ; naturally sprightly, 
sensible, and good humoured ; and, by the help of a 
more elevated education, would possess all the accom- 
plishments desirable in the sex. Our schools are in the 
lowest order ; the instructors want instruction, and 
through a long, shameful neglect of all the arts and 
sciences, our common speecli is extremely corru[)t; 
and the evidences of a bari taste, both as to thought and 
lang\iage, are visible in all our proceedings, publick 
and private. 



History of Ne}v-York. 325 

Tlie p60j}le, both in town and country, are sober, in- 
dustrious, and hospitable, though intent upon p^nln. 
Tlie richer sort keep very plentiful tables, abounding 
with oreat varieties of flesh, fisii, fowl, and all kinds 
of vegetables. The common drinks are beer, cider, 
weak punch, and Madeira wine. For desert, we have 
fruits in vast plenty, of different kinds and various spe- 
cies. 

Gentlemen of estates rarely reside in the country, 
and hence few or no experiments have yet been made 
in agriculture. The fiums bei:i^ large, our husband- 
men, for that reason, have little recourse to art for ma- 
nui ing and improving their lands ; but it is said, that na- 
ture has furnished us with sufficient helps, whenever 
necessity calls us to use them. It is much owing to the 
disproportion between the number of our inhabitants, 
and the vast tracts remaining still to be settled, that we 
have not, as yet, entered upon scarce any other manu- 
factures, than such as are indispensably necessary for 
our home convenience. Felt making, which is perhaps 
the most natural of any we could fall upon, was begun 
some years ago, and hats were exported to the West 
Indies with great success, till lately prohibited by an 
act of parliament. 

The inhabitants of this colony are in general healthy 
and robust, taller, but shorter lived, than Europeans, 
and, both with respect to tiieir minds and bodies, arrive 
sooner to an age of maturity. Breathing a serene, dry, 
air, they are more sprightly in theii* natural tempers 
than the people of England, and hence instances of sui- 
cide are here very unconhnon. The history of our dis- 
eases belongs to a profession with which I am very lit- 
tle acquainted. Few physicians amongst us are emi- 



326 Hislory of New- York. 

nent for their skill. Quacks abound like locusts iu 
Egypt, and too many have recommended themselves to 
a full practice and profitable subsistence. This is the 
less to be wondered at, as the profession is under no kind 
of regulation. Loud as the call is, to our shame be it 
remejnljered, we have no law to protect the lives of the 
king's subjects, from the malpractice of pretenders. 
Any man, at his pleasure, sets up for physician, apoth- 
ecary, and chirurgeon. No candidates are either exam- 
ined or licensed, or even sworn to fair practice.* The 
natural history of this province would of itself furnish 
a small volume, and therefore I leave this also to such 
as have capacity and leisure to make useful observations 
in that curious and entertaining branch of natural phi- 
losophy. 

CHAPTER III. 

Of our Trade. 

The situation of New-York, with respect to foreign 
markets, for reasons elsewhere assigned, is to be pre- 
ferred to any of our colonies. It lies in the centre of 
the British plantations on the continent, has at all times 
a short, easy access to the ocean, and commands almost 
the whole trade of Connecticut and New-Jersey, two 
fertile and well cultivated colonies. The projection of 
cape Cod into the Atlantick, renders the navigation 
from the former to Boston, at some seasons, extremely 

* The necessity of regulating the practice of physic, and a plan for 
that purpose, were strongly recommended by the author of the Inde- 
pendent Reflector, in 1 753, when the city of New-York alone boasted 
the Ijonour of having above forty gentlemen of that faculty. 



Ilislory of New- York. 327 

perilous ; and sometimes the coasters are driven olT, 
and compelled to winter in the West Indies. But the 
conveyance to New-York from the eastward, through 
the sound, is short, and unexposed to such dangers. 
Philadelphia receives as little advantage from New- 
Jersey, as Boston from Connecticut, because the only 
rivers which roll through that province disembogue not 
many miles from tiie very city of New- York. Several 
attempts have been made to raise Perth Amboy into a 
trading port ; but hitherto it has proved to be an un- 
feasi!)le project. New-York, all things considered, has 
a much better situation, and, were it otherwise, the city 
has become too rich and considerable, to be eclipsed 
by any other town in its neighbourhood. 

Om- merchants are compared to a hive of bees, 
who industriously gather honey for others... .rio/i vobis 
meUiJicalis apes. The profits of our trade centre chief- 
ly in Great Britain, and, for that reason, methinks, 
among others, we ought always to receive the generous 
aid and protection of our mother country. In our traf- 
fick with other places, the balance is almost constantly 
in our favour. Our exports to the West Indies are 
bread, peas, rye meal, Indian corn, apples, onions, 
boards, staves, horses, sheep, butter, cheese, pickled 
oysters, beef, and pork. Flour is also a main article, of 
which there is shipped about eighty thousand barrels 
per annum. To preserve the credit of this important 
branch of our staple, we have a good law, appointing 
officers to inspect and brand every cask before its ex- 
portation. The returns are chiefly rum, sugar, and mo- 
lasses, except cash from Curacoa, and when mules, 
from the Spanish main, are ordered to .Tamaica, and 
the Windward Islands, which are generally exchange 



328 History of Nhi-Yorl\ 

ed for their natural produce, for we receive but lit- 
tle cash from our own islands. Tlie balance against 
them would be much more in our favour, if the in- 
dulgence to our sugar colonies, did not enable them 
to sell their produce at a higher rate than either the 
Dutch or French islands. 

The Spaniards commonly contract for provisions, 
with merchants in this and the colony of Pennsylva- 
nia, very much to the advantage both of the con- 
tractors and the publick, because the returns are 
wholly in cash. Our wheat, flour, Indian corn, and 
lumber shipped to Lisbon and Madeira, balance the 
Madeira wine imported here. 

The logwood trade to the bay of Honduras is very 
considerable, and was pushed by our merchants Aviih 
gTeat boldness in the most dangerous times. The ex- 
portation of flax seed to Ireland is of late very much 
increased. Between the 9th of December 1755, and 
the 23d of February following, we shipped off twelve 
thousand five hundred and twenty-eight hogsheads. In 
return for this article, linens are imported and bills of 
exchange drawn in favour of England, to pay for the 
dry goods w^e purchase there. Our logwood is remit- 
ted to the English merchants for the same purpose. 

The fur trade, though very much impaired by the 
French wiles and encroachments, ought not to be pass- 
ed over in silence.* The building of Oswego has con- 

* It is computed that formerly we exported one liuiidred and fifty 
hogsheads of beaver and other fine furs, per annum, and two hundred 
hos;shead3 of Indian dressed deer skins, besides those carried from 
Albany into New-Euglaod. Skins undressed are usually shipped to 
Holland. 



History of New-York. 329 

duced, more than any tliins^ else, to the preservation of 
tiiis trade. Peltry ol" all kinds is purchased with ru^n, 
atnmiinition, blankets, strouds, and wampum, or conque 
shell bugles. The French fur trade, at Albany, was 
carried on till the summer, 1755, bv the Ca^hnuao-a 
proselytes ; and in return for tlieir peltry, they receiv- 
ed Spanish pieces of eiglit, and some other articles 
wliich the French want to comj)Iete their assortsnent of 
Indian goods. For the savages prefer the English 
strouds t(i llieirs, an 1 the French found if their interest 
to purchase them of us, and transport them to the 
western Indians on the lakes Erie, Huron, and at the 
streight of Misilimakinac. 

Our importation of dry goods from England is so 
vastly great, that we are obliged to betake ourselves to 
all possible arts, to make remittances to the British mer- 
chants. It is for this purpose we import cotton from St. 
Thomas's and Surinan ; lime juice and Nicaragua wood 
from Curacoa ; and logwood from the bay, &c. and yet 
it drains us of all the silver and gold we can collect. 
It is computed that the annual amount of the goods 
purchased by this colony in Great Britain, is in value 
not less than 100,000/. sterling ; and the sutn would be 
much greater if a stop was put to all clandestine trade. 
England is, doubtless, entitled to all our superfluities ; 
because our general interests are closely connected, and 
her navy is our principal defence. On this account, the 
trade with Hamburgh and Holland for duck, chequered 
linen, oznabrigs, cordage, and tea, is certainly, upon the 
whole, impolitick and unreasonable ; how much soever 
it may conduce to advance the interest of a few aier* 
f^hants, or this particular colony, 

42 



330 History of Nav-VorJc. 

By what measures this contraband trade may be ef- 
fectually r obstructed is hard to determine, though it well 
deserves the attention of a British parliament. Increas- 
ing the number of custom house officers, will be a re- 
medy wf)rse than the disease. Their salaries would be 
an additional charj^e upon the publick ; for if we argue 
from their conduct, we trnglit not to presume upon their 
fidelity. The exclusive right of the East India compa- 
ny to import tea, while the colonies purchase it of fo- 
reigners thirty per cent, cheaper, must be very prejudi- 
cial to the nation. Our people, both in town and countr>', 
are shamefully gone into the habit of tea drinking ; 
and it is supposed we consume of this commodity in 
value near 10,000/. sterling per annum. 

Some are of opinion that the fishery of sturgeons, 
which abound in Hudson's river, might be improved to 
th.e irreat advantage of the colony ; and that, if proper 
mersures were concerted, much profit would arise froni 
shb building and naval stores. It is certain we have 
timber in vast plenty, oak, white a?id black pines, fir, 
locust, red and white mulberry, and cedar ; and per- 
haps there is no soil on the globe, fitter for the produc- 
tion of hemp than the low lands in the county of Alba- 
ny. To what I have already said concerning iron ore, 
a necessary article, I shall add an extract from the In- 
dependent Reflector. 

*' It is generally believed that this province abounds 
with a variety of minerals. Of iron, in particular, 
we have such plenty, as to be excelled by no country 
in the world, of equal extent. It is a metal of inti in- 
sick value beyond any other, and preferable to the pur- 
est gold. The foriuer is converted into nu ;fl)erlcss 
forms, for as many indispensable uses ; the lattei% for 



History of New- York. 331 

its poi tableness and scarcity, is only fit for a medium of 
trade : but iron is a brancli of it, and, I am persuaded, 
will, one tijiie or other, be one of the most valuable ar- 
ticles of our commerce. Our annual exports to Bos- 
ton, Rhode Island, and Connecticut, and, shice the late 
act of parliainent, to England, are far from being in^ 
considerable. The bodies of iron ore, in the nortiiern 
parts of this province, are so many, their qualhy so 
good, and their situation so convenient, in respect of 
wood, water, health stone, proper fluxes, and carriage, 
for furnaces, bloomeries, and forges, that with a little 
attention, we might very soon rival tlie Swedes in the 
produce of this article. If any American attempts in 
iron works have proved abortive, and tiisappointed their 
undertakers, it is not to be imj)uted either to the quali- 
ty of the ore, or a defect of conveniences. The want 
of more workmen, and the villainy of those we general- 
ly have, are the only causes to which we must attribute 
such miscarriages. No man, who has been concerned 
in them, will disagree with me, if I assert, that from the 
founder of the furnace to the meanest banksman, or 
jobber, they are usually low, profligate, drunken, and 
faithless. And yet, under all t!ie innumerable disad- 
vantages of such instruments, very large estates have, 
in this way, been raised in some of our colonies. Our 
success, therefore, in the iron manufactory, is obstruct- 
ed and discouraged by tlie want of workmen, and the 
high price of lahour, its necessary consequence, and by 
these alone ; but 'tis our happiness, that such oidy be- 
ing the cause, the means of redress are entirely in our 
own hands. Nothing more is wanting to open a vast 
fund of riches to the province, in this branch of trade, 
th.aathe importation of foreigners. If our merchants and 



332 History of New- York. 

landed gentlemen could be brought to a coalition in 
this design, tlieir private interests would not be better 
advanced by it, than the publick emolument ; the lat- 
ter, in particular, woukl thereby vastly improve their 
lands, increase the number and raise the rents of their 
tenants. And I cannot but think, that if tho«;e gentle- 
men, who are too inactive to engage in such an enter- 
prise, would only be at the pains of drawing up full 
representations of their advantages for iron works, and 
of publishing them, from time to time, in Great Britain, 
Ireland, Germany, and Sweden ; the province would 
soon be supplied with a sufficient number of capable 
workmen in all the branches of that manufactory." 

The money used in this province is silver, gold, Bri- 
tish halfpence, and bills of credit. To counterfeit 
either of them is felony without benefit of clergy ; but 
none, except the latter, and Lyon dollars, are a legal 
tender. Twelve halfpence, till lately, passed for a 
shilling ; which being much beyond their value in any 
of tlie neighbouring colonies, the assembly, in 1753, 
resolved to proceed, at their next meeting, after tlie 
first of May ensuing, to the consideration of a method 
for ascertaining their value. A set of gentlemen, in 
number seventy-two, took the advantage of the discre- 
dit that resolve put upon copper halfpence, and on the 
22d of December, subscribed a paper, engaging not to 
receive or pass them, except at the rate of fourteen 
coppers to a shilliiig. This gave rise to a mob, for a 
few days, among the lower class of people ; but some 
of them being imprisoned, the scheme was carried into 
execution, and established in every part of the province, 
with) ut thB aid of a law. Our paper bills, which are 
issued to serve the exigencies of tiie government^ were 



History of New- York. 33'3l 

at fiist equal to an ounce of silver, then valued at eiajht 
slijllini^s. Before the late Spanish war, silver and gold 
were in great .demand, to make remittances for Euro- 
pean goods, and then the hills sunk, an ounce of silver 
being worth nine shillings and three pence. During 
the war, the credit of our bills was well supported, part- 
ly by the number of prizes taken by our privateers, and 
the high price of our produce abroad ; and partly by 
the logwood trade and the depreciation of the New- 
England paper money, which gave ours a free circula- 
tion through the eastern colonies. Since the war, sil- 
ver has been valued at about nine shillings and two 
pence an ounce, and is doubtless fixed there, till our 
imports exceed what we export. To assist his majesty 
for removing the late encroachments of the French, we 
have issued 80,000/. to be sunk in short periods, by a 
lax on estates real and personal ; and the whole amount 
of our paper currency is thought to be about 160,000/. 
Never was the trade of Ihis province in so flourish- 
ing a condition, as at the latter end of the late French 
war. Above tAventy privateers were often out of this 
p(»rt, at a time ; and they were very successful in their 
captures. Provisions, which are our staple, bore a high 
price in the West Indies. The French, distressed 
through a want of them, gladly received our flags of 
truce, though sometimes they had but one or two pri- 
soners on board, because they were always loaded with 
flour, beef, pork, and such like commodities. The dan- 
ger their own vessels were exposed to, induced them to 
sell their sugars to us at a very low rate. A trade was, 
at the same time, carried on between .Jamaica and the 
Spanish Main, which optned a fine market to the north- 
ern colonies, and the returns were, principally, in cash. 



334 History of New-York. 

It was generally thought, that if the war had continued 
the greatest part of the produce of the Spanish and 
French settlements in the West Indies would liave been 
transported to Great Britain, through some one or oth- 
er of her colonies ; whence we may fairly argue their 
prodigious importance. 

The provincial laws relating to our trade are not 
very numerous. Tiiose concerned in thein, may have 
recourse to the late edition of our acts at large, pub- 
lished in 1752 ; and for tiiis reason, I beg to be excused 
from exhibiting an unentertaining summai y of them in 
this work. 

CHAPTER IV. 

Of our Religious Stale. 

By the account already given, of the rise and pro- 
gress of the acts for settling a ministry in four counties, 
and the observations made concerning our various 
Christian denominations, I have, in a great measure, an- 
ticipated what I at first intended to have ranged under 
this head. 

The principal distinctions among us, are the episco- 
palians, and the Dutch and English presbyterians ; the 
two last, together with all the other protestants in the 
colony, are sometimes (perhaps here improperly) called 
by the general name of dissenters ; and, compared to 
them, the episcopalians are, I believe, scarce in tlie pro- 
portion of one to fifteen. Hence partly arises the gen- 
eral discontent on account of the ministry acts ; not so 
much that the provision made by them is engrossed by 
the minor sect, as because the body of the people, are 



History of Netv-York: 33.3 

for an equal, universal, toleration of protestants, and 
uUt'rly averse to any kind of ecclesiastical establish- 
ment. The dissenters, though fearless of eacli other, are 
all jealous of the episcopal party, being appreliensive 
that the countenance they may have from home, will 
foment a lust for domini )n, and enable them, in process 
of time, to subjugate and oppress tlieir fellow subjects. 
The violent measures of some of our governours have 
given an alarm to their fears, and if ever any other gen- 
tleman, who may be honoured with the chief command 
of the province, begins to divert himself, by retrench- 
ing the privileges and immunities they now enjoy, the 
confusion of the province will be the unavoidable con- 
sequence of his folly. For though his majesty has no 
otlier subjects upon whose loyalty he can more firmly 
depend, yet an abhorrence of persecution, under any of 
its apj)earances, is so deeply rooted in the people of 
this plantation ; that as long as they continue their 
numbers and interest in the assembly, no attempt will 
probably be made upon the rights of conscience, with- 
out endangering the publick repose. 

Of the governiuent of the Dutcli churches, I have al- 
ready given an account. As to the episcopal clergy, 
they are missionaries of the English society for propa- 
gating the gospel, and ordinarily ordained by the bi- 
shop of London, who, having a commission from the king 
to exercise ecclesiastical jmisdiction, commonly ap- 
points a clergyman here for his commissary. The min- 
isters are called by the particular churches, and main- 
tahied by the voluntary contribution of their auditors 
and the society's annual allowance, their being no law 
for tithes. 



33(r Hislory of ISew-York, 

The English presbytermns are very nilmerous. 
Those inhabiting New-York, New-Jersey, Pennsylva- 
nia, and the three Delaw^ue counties, are regularly 
formed, after the manner of the cliurch of Scotland, in- 
to consistories or kirk sessions, presbyteries and synods, 
and will probably soon join in erecting a general as- 
sembly. The clergy are ordained by their fellows, 
and maintained by their respective congregations. I 
except those missionaries among the Indians, wiiose sub- 
fiistance is [)aid by the society in Scotland for propagat- 
ing Christian knowledge. None of the presbyterian 
churches in tliis province are incorporated, as is the case 
of many in Nevv-.Tersey. Their judicatories are upon a 
very proper establishment, for tliey have no authority 
by legal sanctions to enforce their decrees. Nor indeed 
is any religious sect, amongst us, legally invested with 
powers prejudicial to the common privileges of the 
rest. The dominion of all our clergy is, as it ought to 
be, merely spiritual. The episcopalians, iiowever, some- 
times pretend, that the ecclesiastical establishment in 
South Britain extends here ; but the wli<de body oftiie 
dissentei's are averse to the doctrine. Tlie point has 
been disputed with great fervour, and the sum of the 
arguments against it is contained in a late paper, which 
I shall lay before the reader, at large, without any ad- 
ditional reflections. 

It was published in September, 1753, under the title 
of the Independent Reflector, and is in tliese words : 

The arguments in support of an ecclesiastical esta- 
blishment, in tiiis provizice, impartially considered and 
refuted : 



History of Nav-Yorl'^ 357 

Ei'ipe turpi 

Colla jugo : lii»er, liber sum, die age. Hor. 

Whether the church of Enghmd is equally establish* 
6(1 ra the colonies, as in tlie southern parts of Great 
Britain, is a question tliat has often been controverted. 
Those who hold the aifiriiiative, have drawn a long train 
of consequences in favour of the episcopalians, taking 
it for granted that tlie truth is on their side. The pres- 
bjterians, independents, congregationalists, anabaptists, 
quakers, and all those among us, who, in England, 
would fail under the general denomination of dissenters, 
are warm in the negative. I beg leave, therefore, to 
interpose in the debate ; and, as I promised in the in- 
troduction to these papers, to vindicate the religious, as 
■well as civil rights and privileges of my countrymen ; I 
shall devote this paper to a consideration of so impor- 
tant a point : to which I am tlie more strongly inclined, 
because such establishment has often been urged against 
the scheme I have proposed for the constitution of our 
college. My opinion is, that the notion of a general 
religious establishment in this province, is entirely 
groundless. According to the strict rules of controver- 
sy, the onus probandi, or the burden of the proof, lies 
upon those who affirm the position, and it would there- 
fore be sufficient for me barely to deny it. I shall, ne- 
vertheless, wave the advantage of this rule of the schools; 
and, as becomes an impartial advocate for truth, pro- 
ceed to state the arguments which are generally urged 
in support of an establishment. I shall then show their 
insufficiency, and conclude with the particular reasons 
upon which my opinion is founded. 

They who assert that the church of England is esta- 
blished in this province, never, that I have heard of, 

43 



338 liistory of New-York, 

pretended that it owes its establishment to any provin- 
cial law of our own making. Nor, indeed, is there the 
least ground for such a supposition. The acts, that es- 
tablish a ministry in this, and three other counties, do 
not affect the whole colony ; and, therefore, can by no 
means be urged in support of a general establishment. 
Nor were ttiey originally designed to establish the epis- 
copalians in preference or exclusion of any other pro- 
testants in those counties to which they are limited. 
But as the proposition is, that the establishment of tlie 
church of England is equally binding here, as in Eng- 
land ; so, agreeable thereto, the arguments they ad- 
duce are the following : 

First, That as we are an English colony, the constitu- 
tional laws of our mother country, antecedent to the 
legislature of our own, are binding upon us ; and there- 
fore at the planting of this colony, the English religious 
establishment immediately took place. 

Secondly, That the act, which established the epis- 
copal church in South Britain, previous to the union of 
England and Scotland, extends to, and equally affects, 
all the colonies. 

These are the only arguments that can be offered 
with the least plausibility ; and if they are shown to be 
inconclusive, the position is disproved, and I he argu- 
ments, of consequence, must be impertinent and ground- 
less. I shall begin with the examination of the first : 
and here it must be confessed, for undoubted law, that 
every new colony, till it has a legislature of its own, is, 
in general, subject to the- laws of the country from which 
it originally sprang. But that all of them, without dis- 
tinction, are to be supposed binding upon such planters, 
is neither agreeable to law Dor reason. The laws Avhich 



mslory of New-York. 339 

they carry with them, and to which they are subject, 
are such as are absolutely necessary to answer tlie ori- 
ginal intention of our enterini^ into a state of society. 
Such as are requisite, in their new colony state, for the 
advancement of their and the general prosperity ; such, 
without which they will neither be protected in their 
lives, liberty, or property : and the true reason of their 
being considered, even subject to such laws, arises from 
the absolute necessity of their being under some kind 
of government, their supporting a colony relation and 
dependence, and the evident fitness of their subjection 
to the laws of their mother country, with which alone 
they can be supposed to be acquainted. Even at this 
day we extend every general act of parliament which 
we think reasonable and fit for us, though it was neither 
designed to be a law upon us, nor has words to include 
us, and has even been enacted long since we had a le- 
gislature of our own. This is a practice we have intro- 
duced for our conveniency •* but that the English 
laws, so far as I have distinguished them, should be 
binding upon us, antecedent to our having a legislature 
of our own, is of absolute unavoidable necessity. But 
no such necessity can be pretended in favour of the in- 
troduction of any religious establishment whatsoever ; 
because, it is evident that ditferent societies do exist 
with different ecclesiastical laws, or, which is sufficient 
to my purpose, without such as the English establish- 
ment ; and that civil society, as it is antecedent to any 
ecclesiastical establishments, is in its nature unconnect- 
ed with them, independent of them, and all social hap- 
piness completely attainable without them. 

* This practice is very dangerous, and is assutniog little less than 
a legislative aathority. 



340 History of New-York. 

Secondly, To suppose all the laws of England, with- 
out distinc tion, obligatory upon every new colony at 
its implantation, is absurd, and would effectually pre- 
Tent the subjects from undertaking so hazanlous an ad- 
•ventuie. Upon such a supposition a thousand laws will 
be introdiiced, inconsistent with the state of a new coun- 
try, and destructive of the planters. To use the words 
of the late attorney general, sir Dudley Ryder,'^ " It 
would be acting the part of an unskilful physician, who 
should presuibe th' same dose to every patient, with- 
out distinguishing the variety of distempers and con- 
stitutions." According to this doctrine, we are subject 
to the payment of tithe.-, ought to have a spiritual court, 
and hupoverished, as the first settlers of the province 
must have been, they were yet liable to the payment 
of the land tax. And had this been the sense of our 
rulers, and their conduct conformable thereto, scarce 
ever would our colonies have appeared in their present 
flourishing condition ; especially if it be considered 
that the first settlers of most of them, sought an exemp- 
tion in these American wilds, from the estabiisliment to 
which they were subject at home. 

Thirdly, Jf the planters of every new colony carry 
with them the established religion of the country from 
whence they migrate ; it follows, that if a colony had 
been planted when the English nation were pagans, the 
establishment in such col ny must be paganism alone : 
and, in like manner, had this colony been planted while 
popery was established in England, the religion of pa- 
pists must have been our established religion ; and if it 

* Afterwarrls lord chiff justice of the kin«r'p bench. These were his 
wror(1p« in an opinion against the extent of the statute ol frauds an^ 
peijuriep. 



' Hislori/ of Ncw-YorJc. 311 

is our duty to conform to tlie religion established at 
home, we are equally bound, against conscience and 
the Bil)Ie, to he pagans, papists, or protestants, accord- 
ing to the particular religion they shall please to a lopt. 
A doctrine tliat can never be urged, but with a very 
ill grace indeed, by any protestant minister ! 

Fourthly, If the church of England is established in 
this colony, it must either be founded on acts of parlia- 
ment, or the common law. That it is not established 
by the iirst, I siiall prove in the serjuel ; and that it can- 
not be established by the comj:iion law, appears from 
the following considerations. 

The common law of England, properly defined, con- 
sists of those general laws to which the English have 
been accustoiued, from tiuie whereof there is no mem- 
ory to the contrary : and every law, deriv^ing its vali 1- 
ity from such immemorial custom, must be carried 
back as far as to the reign of Richard 1. whose death 
happened on the 6th of April, 1199. But the present 
establishment of the church of England wis not till the 
fifth year of queen Anne. And hence it is apparent, 
that the establishment of the church of England, can 
never be argued from the common law even in Eng- 
land ; nor could be any part of it, since it depends not 
for its validity upon custom immemorial. And there- 
fore, though it be admitted, that every English colony 
is subject to the common law of the reabii, it by no 
means follows, that the church of England is established 
in the colonies ; because, the common law knows of no 
such religious establishment, nor considers any religious 
establishment whatever, as any part of the English con- 
stitution. It does, indeed, encourage religion ; but that, 
and a particular church government, are things entirely 
ditlerent. 



34*2 History of New- York. 

I proceed now to a consideration of the second arou- 
nient insisted on, to prove an episcopal establishment 
in the colonies, founded on tlie act which established 
the church of Enojland, passed in the fifth year of queen 
Anne, recited and ratihed in the act for an union of the 
two kingdoms of England and Scotland. And that this 
act does not establish the church of England in the col- 
onies, has been so fully shown by Mr. Hobart,* in his 
second address to the episcopal separation in New-Eng- 
land, that I shall content myself with an extract from 
the works of that ingenious gentleman, which, with 
Tery little alteration, is as follows : 

" The act we are now disputing about, was made in 
the fifth year of queen Anne, and is entitled, an act for 
securing the church of England, as by law established. 
The occasion of the statute was this : the parliament in 
Scotland, when treating of an union with England, were 
apprehensive of its endangering their ecclesiastical es- 
tablishment. Scotland was to have but a small share in 
the legislature of Great Britain, but forty-five members 
in the house of commons, which consists of above five 
hundred, and but sixteen in the house of lords, which 
then consisted of near an hundred, and might be increas- 
ed by the sovereign at pleasure. The Scots, therefore, 
to prevent having their ecclesiastical establishment re- 
pealed in a British parliament, where they might be so 
easily outvoted by the English members, passed an act, 
previous to the union, establishing the presbyterian 
church within the kingdom of Scotland, in perpetuity, 
and made this act an essential and fundamental part of 
the union Avhich might not be repealed, or altered by 
any subsequent British parliament ; and this put the 

* A mioister of one of the eharches at Fairfield, io Conaecticut. 



History oj New-York. 343 

Enorlish parliament upon passing Ihis act for securing 
the church of England. Neither of them designed to 
enlarge the bounds of their ecclesiastical constitution, 
or extend their establishment farther than it reached be- 
fore, but only to secure and perpetuate it in its then 
present extent. This is evident, not only from the oc-' 
casion of the act, but from the charhable temper the 
English parliament was under the influence of, when 
they passed it. The lord North and Grey offered a 
rider to be added to tlie bill for an union, viz. That it 
might not extend to an approbation or acknowledgment 
of the truth of the presbyterian way of worship, or al- 
lowing the religion of the church of Scotland to be, what 
it is styled, the true protestant religion. But this clause 
Avas rejected. — A parliament that would acknowledge 
the religion of the church of Scotland, to be the true 
protestant religion, and allow their acts to extend to an 
approbation of the presbyterian way of worship, though 
they might think it best to secure and perpetuate the 
church of England within those bounds, wherein it was 
before established, can hardly be supposed to have de- 
signed to extend it beyond them. 

" The title of the act is exactly agreeable to what we 
have said of the design of it, and of the temper of the 
parliament that passed it. 'Tis entitled, an act not for 
enlarging, but for securing the church of England, and 
that not in the American plantations, but as it is now by 
law established ; which plainly means no more than to 
perpetuate it withm its ancient boundaries. 

" The provision made in the act itself, is well adapted 
to this design ; for it enacts, that the act of the 13th of 
Elizabeth, and the act of uniformity, passed in the 13th 
year of Charles 11. and all and singular other act§ of 



344 History of Nciv-York. 

parliament tlien in force for llie establishment and pre- 
sei-vation of the chincli of En2;]and, should remain in 
full force for ever ; and that every succeeding sove- 
reign should, at his coronation, take and subscribe an 
oath to maintain and preserve inviolably the said settle- 
ment of the church of England, as by law established, 
within the kingdoms of England and Ireland, the do- 
Hiinion of Wales, and town of Berwick upon Tweed, 
and the teriitories thereUnto belonging. This act doth 
not use such expressions, as would have been proper 
and even necessary, had the design been to have made 
a new establishment ; but only such as are proper to 
ratify ard contirnn an old one. The settlement, which 
the king is sworn to preserve, is represented as existing 
previously to the passing this act, and not as made by 
it. The words of the oath are, to maintain and pre- 
serve in»^iolably the said settlement. If it be asked, 
what settlement ? The answer must be, a settlement 
heretofore made and confirmed by certain statutes, 
which for the greater certainty and security are enume- 
rated in this act, and declared to be unalterable. This 
is the settlemc nt tlie king is sworn to preserve, and ti is 
settlement has no relation to us in America. For the 
act, which oi iginaily made it, did not reach hither ; and 
this act, which perpetuates them, does not extend them 
to us." 

It is a mistake to imagine, that the word territories 
necessarily means these American colonies. " These 
countries are usually in law, as well as other writings, 
styled colonies or plantations, and not territories. An 
instance of this we have in the charter to tlie society 
for propagating the gospel in foreign parts." And it is 
the invariable practice of the legislature, in every act 



History of New-York. 345 

i)f parliament, both before and after tliis act, desisrned 
to atlect us, to use the words colonies, or plantations. 
IXor is it to be supposed, that, in so important a matter, 
words of so direct and broad an intent would liave been 
omitted. " The islands of Jersey and Guernsey were 
properly territories belonging to the kingdom of Eng- 
land, before the union took place ; and they stand in 
the same relation to the kingdom of Great Britain since, 
Tlie church of England was established in tliese islands, 
and the leiiislature intended to perpetuate it in them, as 
well as in England itself; so that as these islands were 
not particidarly named in the act, there was occasion to 
use the word territories, even upon the supposition that 
they did not design to make tlie establishment more ex- 
tensive than it was before this law passed," Further, 
in order to include the plantations in the word territo- 
ries, we must suppose it always to mean every other 
part of the dominions not particularly mentioned in tlie 
instrument that uses it, which is a construction that can 
never be admitted : for, hence it will follow, that those 
coiiimissions which give the government of a colony, 
and the territories theieon depending in America (and 
this is the case of every one of them) extend to all the 
American colonies, and their governours must ofcon-- 
sequence have reciprocal superintendencies ; and should 
any commission include the word territories generally, 
unrestricted to America, by the same construction the 
g< vernour, therein mentioned, might exercise an autlK^r- 
ity imder it, not only in America, but in Africa and 
the Indies, and even in the kingdom of Ireland, atid, 
perhaps, in the absence of the king, in Great Brit liti it- 
self. Mr. Hobait goes on, and argucs against ilw eg- 

44 



346 History of New- York. 

tablishment from the light in wliicli the act of union ba?, 
ever since it was passed, been considered. 

" Dr. Bisse, bishop of Hereford, (says he) a member 
of the society, preached the annual sermon, Februnry 
2], 1717, ten years after the act of union took place ; 
and he says, it would have well become the wisdom 
wherewith that great Avork (the reformation or esta- 
blishment of the church of England) was conducted in 
this kingdom, that this foreign enterprise (the settle- 
ment of plantations in America) also should have been 
carried on by the government in the like regular way. 
But he owns the government at home did not interpose 
in the case, or establish any form of religion for us. In 
truth (says his lordship) the whole was left to the wis- 
dom of the first proprietors, and to the conduct of every 
private man. He observes, that of late years the civil 
interest hath been regarded, and the dependence of the 
colonies, on the imperial crown of the realm, secured : 
but then, with regard to the religion of the plantations, 
his lordship acknowledges, that the government itself 
here at home, sovereign as it is, and invested doubtless 
with sufficient authority tliere, hath not thought fit to 
interpose in this matter, otherwise than in this charita- 
ble way : it hath enabled us to ask the benevolence of 
all good Christians towards the support of missionaries 
to be sent among them. I'lius bishop Bisse thought as 
I do, and that the act of union nor any otlier law prior 
thereto, <!id extend the establishment to the plantations ; 
and if the society had not been of the same opinion, 
they would hardly have printed and dispersed his ser- 
mon. Neither did the civil rulers of the nation, who 
may justly be supposed acquainted with its laws, think 
the act of union, or any other law> established the church 



History of Neiv-York. 347 

of England in America. This is plain from the letter 
of tile lords justices to governoiir Duminer, in the year 
1725, almost twenty years after the union, wherein they 
say, there is no regular establishinent of any national 
or provincial churcii in these plantations. 

" If it be urged that the king's commission to the late 
bishop of London, proves an ecclesiastical establishment 
here, it is sufficient to answer, that his lordship was re- 
markable for skill in the laws, so far as they relate to 
ecclesiastical affairs, as appears from his codex ; and he 
was of the contrary opinion ; for in his letter to Dr. 
Colman, of May 24, 1735, he writes thus : my opinion 
has always been, that the religious state of New Eng- 
land is founded in an equal liberty to all protestants ; 
none of which can claim the name of a nati onal esta- 
blishment, or any kind of superiority over the rest. 
This opinion the bishop gave not only since the act of 
union, but even seven years after he had received his 
commission ; and surely it must be admitted that as he 
had time enough to consider it, so he, of all others, best 
understood it." Thus far Mr. Hobart. With respect 
to the act of union, I beg leave only to subjoin, that it 
is highly probable the Scotch parliament believed the 
English intended to establish their church only in Eng- 
land. For in the close of the act, by which they had 
established the presbyterian church in Scotland, it is 
declared, in these express words, " That the parliaaient 
of England may provide for the security of the church 
of England, as they think expedient, to take place with- 
in the bounds of the said kingdom of England." And 
whatever latitude the word kintjdom has in common 
speech, it, in a legal sense, is limited to England, pro^ 
perly so Cilled, and excludes the plantations. 



548 Hislory of New-York, 

Nor can we suppose, tliat the church of England is 
estalilislied in these colonies, by any acts prior to the 
act ol ui ion above considered. For, besides the several 
Oj>inions, aii;ainst such supposition, already adduced, it 
is unreasonable to iinajijine, that if there was any such 
establiishment, king Charles II. in direct repugnancy 
Hereto, should have made the grant of Penns} Ivania, 
and given equal piivilcges to all leligions in tliat pro- 
vince, without even excepting the Roman catholitks ; 
and that the cohuiies of Rhode Island, Connecticut and 
the Massacliusetts* Bay, should be permitted to make 
their provincial esta!»liohments, in opposition to an ante- 
cedent establi>hment of the cliUrch of England, espe- 
cially as the laws of the Massachusetts' Bay province, 
are constantly sent home, and the king has the absolute 
power of repealing every act he should think improper 
to be continued as a law. Whoever, therefore, consi- 
ders this, and that the king is sworn to presei ve the 
church of England establishment, must necessarily con- 
clude, tliat \^ hatever sentiments may obtain among the- 
episcopalians in America, our kings and their couiicils 
have always conceived that such establishment could 
by no means be extended to us. As to Connecticut, all 
the episcopalians of that colony, and even their minis- 
ters, were legally compellable to contribute to an an- 
nual tax for the support of the congregational cleigy, 
till of late they were favoured with a law which grants 
them a privilege of exemption from that iniquitous and 
unreasonable burden. But whether tijey are subject to 
the like unchristian imposition in the other colonies 
above mentioned, I am not sufficiently acquainted with 
■their laws to determine."* 

* I believe there is no just cause for the complaints traosmitted by 



History of Nerv-Yorh 349 

The thirteenth number of the Watch Tower publish- 
-ed at New- York, in 1755, espouses the same side with 
the author of the Reflector, adds seveial new ari^uments 
and the opinions of eminent counsel at law, and consi- 
ders tiie force of what is advanced by the late Dr Doujsf- 
lass, in favour of his position, that the religious stati^ of 
the American plantations is an universal toleration of 
protestants of every denomination. 

The clergy of this province are, in general, but indif- 
ferently supported : it is true they live easily, but few 
of them leave any thing to their children. The ej-is- 
copal missionaries, for enlarging the sphere of their se- 
cular business, not many years ago, attempte'!,by a pe- 
tition to the late governour Clinton, to engross the pri- 
vilege of solemnizing all marriages. A great clamour 
ensued and the attempt was abortive. Before that time 
the ceremony was even performed by justices of the 
peace, and the judges at law have determined such mar- 
riages to be legal. The governour's licenses now run 
to " all protestant ministers of the gospel.'* Whether 
the justices act still, when the bans are published in 
our churches, which is customary only witti the poor, 
1 have not been informed. Marriage in a new coimtry 
ought to have the highest encouragements, and it is on 
this account, perhaps, that ue have no provincial law 
against ^uch as are clandestine, though they often hap- 
pen, and, in some cases, are attended witli consequences 
equally melancholy and mischievous. 

the missionaries. Dr. Douglass assigns several instaners of gross mis- 
represeniations and falsrhoods. Vid. his Siimniarj, 2d vol. p. 139. 
Boston edt. 1753, and the Watch Tower, iSo. xli. pubii&lied at iSew- 
"Xork, in 1753. 



350 History of New-York, 

As to the number of our clergymen, it is lar^^e enough 
at present, there being but few settlements unsupplied 
with a ministry, and some superabound. In matters of 
religion we are not so intelligent, in general, as the in- 
habitants of the New-England colonies ; but both in this 
respect and good morals, we certainly have the advan- 
tage of the southern provinces. One of the king's in- 
structions to our governours, recommends the investi- 
gation of means for the conversion of negroes and In- 
dians. An attention to both, especially the latter, lias 
been too little regarded. If the missionaries of the 
English society for propagating the gospel, instead of 
being seated in opulent Christianized towns, had been 
sent out to preach among the savages, unspeakable po- 
litical advantages would have flowed from such a salu- 
tary measure. Dr. Douglass, a sensible, immethodica] 
writer, often incorrect, expects too much :* besides, he 
treats the missionaries with rudeness and contempt, and 
lashes their indolence with unmerciful acrimony. 

CHAPTER V. 

The Political State, 

This colony, as a part of the king's dominions, is 
subject to the controul of the British parliament ; but 
its more immediate government is vested in a gover- 
nour, council and general assembly. 

* " Our young missionaries may procure a perpetual alliance and 
commercial advantages Avith the Indians, which the Roman catholick 
clergy cannot do, because they are forbid to marry. I mean our 
missionaries may intermarry with the daughters of the sachems and 
other considerable Indians, and their progeny will for ever be a cer- 
tain cement between us and the Indians." Dougl. Sum. &c. vol. ii. 
p. 138, Boston edt. 1753. 



Mstory of iSirv-Yorh 351 

The governours in chief, who are always appointed 
by the king's commission, under the great seal of Great 
Britain, enjoy a vast plenitude of power, as may be seen 
in their patents, which are nearly the same. Tlie fol- 
lowing is a copy of that to the late sir Danvers Osborn. 

George the second by the grace of God of Great 
Britain France and Ireland king defender of the faith 
and so forth. To our trusty and well beloved sir Dan- 
vers Osborn baronet greeting Whereas we did by our 
letters patent under oiu' great seal of Great Britain 
bearing date at Westminster the third day of July, in 
the fifteenth year of our reign constitute and appoint 
the honourable George Clinton esq. captain general and 
governour in chief in and over our province of New- 
York and the territories depending thereon in Ame- 
rica for and during our will and pleasure as by the said 
recited letters patent (relation being thereunto had) 
may more fully and at large appear now know you that 
^ve have revoked and determined and by these presents 
do revoke and determine the said recited letters patent 
and every clause article and thing therein contained 
and fudher know you that we reposing especial trust 
and confidence in the prudence courage and loyalty of 
you the said sir Danvers Osborn of our especial grace 
certain knowledge and meer motion have thouglit fit to 
constitute and appoint you the said sir Danvers Osborn 
to be our captain general and governour in chief in and 
over our province of New-York and the territories de- 
pending thereon in America and w^e do hereby require 
and command you to do and execute all things in due 
manner that sliall belong unto your said command and 
the trust we have reposed in you according to the seve- 
ral powers and directions granted or appointed you by 



552 Histori/ oj New-York. 

this present roinmission and the instructions herewith 
given }ou or by such further powers instructions and 
authorities as shall at any time hereafter be gi anted or 
appointed you under our signet and sign manual or by 
our order in our privy council and according to such 
reasoriable lav»s and statutes as now are in force or 
hereafter shall be made and agreed upon by you with 
the advice and consent of our council and the assembly 
of our said province under your government in such 
manner and form as is hereafter expressed and our will 
and pleasure is that you the said sir Danvers Osborn af- 
ter the publication of these our letters patent do in the 
first place take the oaths appoint id to be taken by an 
act passed in the first year of our late royal father's 
reign entitled an act for tlte fiirther security of his ma- 
jesty's person and government and the succession of the 
crown in the heirs of the late princess Sophia being pro- 
testants and for extinguishing the hopes of the pretend- 
ed prince of Wales and liis open and secret abettors as 
also tliat you make and subscribe the declaration men- 
tioned in an act of parliainent made in the twenty-tifth 
year of the reign of king Charles the second intituled 
an act for preventing dangers which may happen from 
popish recusants and likewise that you take the usual 
oath for the due execution of the office and trust of our 
captain general and governour in chief in and over our 
said province of New-York and the territories depend- 
ing thereon for the due and impartial administration of 
justice and furtlier that you take the oath required to 
be taken by governours of j>lantations to do their ut- 
most that the several laws relating to trade and the 
plantations be observed which said oaths and declarati ^n 
our couiicil ill our said province or any three of the- 



History of New-York. 353 

Jjiembers thereof have hereby full power and authority 
and are required to tender and administer unto you and 
in your absence to our lieutenant governoui" if there be 
any upon the place all which beins^ duly performed y u 
shall administer unto each of tlie members of our said 
council as also to our lieutenant governour if there be 
any upon the place tlie oaths mentioned in the said act 
cntituled an act for the further security of his majesty's 
person and governtnent and the succession of the crown 
in the heirs of the late princess Sophia being protestants 
and for extinguishing the hopes of the pretended prince 
of Wales and his open and secret abettors as also to 
cause them to make and subscribe the aforementioned 
declaration and to administer to them the oath for the 
due execution of their places and trusts. And we do 
hereby give and grant unto you full power and autho- 
rity to suspend any of the members of our said council 
from sitting voting and assisting therein if you shall find 
just cause for so doing and if there shall be any lieute- 
nant governour him likewise to suspend frofu the execu- 
tion of his command and to appoint another in his stead 
until our pleasure be known and if it shall at any time 
happen that by the death departure out of our said pro- 
vince or suspension of any of our said councillors or 
otherwise th.-re shall be a vacancy in our said coimcil 
(any three whereof we do hereby appoint to be a quo- 
rum) our will and pleasure is that you signify the same 
unto us by the first opportunity that we may under our 
signet and sign manual constitute an 1 appoint others in 
their stead but that our affairs may not suffer at that 
distance for want of a due number of councillors if ever 
it should happen that there be less than seven of theiti 
residing in our said province we do hereby give and 

45 



354 History of New- York. 

grant unto you the said sir Danvers Osborn full power 
m\(\ authority to chuse as many persons out < i tiie ; in- 
cipal freeholders inhabitants thereof as will make up the 
full number of our said council to be seven and nomcfre 
which persons so chosen and aj^pointed by you sliall l)e 
to all intents and purposes councillors in (»ur said pio- 
vince until either they shall be confirmed b) us or that 
by the nomination of others by us under oiir sii^n ii;a- 
nual and signet our said council shall have seven or more 
persons in it. And we do hereby give and grant ui;to 
you full power and authority with the advice and con- 
sent of our said council from time to time as need 
shall require to summon and call general assemblies of 
the said freeholders and planters Avilhin } our govern- 
ment according to the usage of our province oflNevv- 
York. And our will and pleasure is that the persons 
thereupon duly elected by the major part of the free- 
holders of the respective counties and places and so re- 
turned shall before their sitting take the oaths mention- 
ed in the said act entitled (an act for the further securi- 
ty of his majesty's person and government and the suc- 
cession to the crown in the heirs of the late princess 
Sophia being protestants and for extinguishing the hopes 
of the pretended prince of Wales and his open and se- 
cret abettors) as also make and subscribe the aforen.en- 
lioned declaration (which oaths and declarations you 
shall commissionate fit persons under our seal of INew*- 
York to tender and administer unto them) and until 
the same shall be so taken and subs( ribed no {)erson 
shall be capable of sitting though elected and we do 
hereby declare that the persons so elected and qualified 
shall be called and deemed the general assembly of that 
our province and the territories depending tijereon antl 



History of New-York. 35rj 

you lhv3 said sir Danvers Oshorn by and with the con- 
sent of our t^aid council and assembly or the major part 
of them respectively shall have full power and au- 
tli'>rity to make constitute and ordain laws statut*;s 
and ordinances for the publick peace welfore and 
good o;overnment of our sail province and of the 
people and iiiliabitanls thereof and such others as 
shall resi)rt thereto and for the bcneHt of us our 
heirs and successors which said laws statutes and ordi- 
nances are not to he repugnant but as near as may be 
a<^reeable to tlie law^s and statutes of this our kingdom 
of Great Britain provided that all such laws statutes 
a;- 1 ordinances of what nature or duration soever bo 
within three tnonths or sooner after the making thereof 
transinitted unto us under our seal of New- York for our 
ap5>rol^ation or disallowance of the same as also dupli- 
cates thereof by the next conveyance and in case any 
or all of the said laws statutes and ordinances beinjr not 
before confiriiied by us shall at any time be disall >wed 
anil not approved and so signiiied by us our heirs or 
sMiCessors under our or their sign manual and signet or 
by order of our or their privy council unto you the said 
sir Danvers Oshorn oi to the comsuander in cinef of our 
said province for the time being then sucli and so many 
of the iraid laws statutes and ordinances as shall be so 
disallowed and not apr)roved shall from tiienceforth 
cease determine and become utterly void and of none 
efiect any thing to the contrary thereof notvtiUistand- 
ing And to the end that nothing may be passed or 
done by our said council or assembly to the prejudice 
of us our heirs or successors we w ill and ordain that 
you the said sir Danvers Osborn shall have and enjoy 
a negative voice in the making and passing of ail laws 



356 History of Nav-York. 

statutes and ordinances as aforesaid and you shall and 
may likewise from time to time as you shall judge it 
necessary adjourn proroi^ue and dissolve all general 
assemblies as aforesaid. And our further will and plea- 
sure is that you shall and may use and keep the pub- 
lick seal of our said province of ?^ew-York for sealing 
all things whatsoever tliat pass the great seal of our said 
province under your government And we do further 
give and grant unto you the said sir Danvers Osborn 
full power and authority from time to time and at any 
time hereafter by yourself or by any other to be au- 
thorized by you in tliat behalf to administer and give 
the afore nientiontd oaths to all and every such person 
and persons as you shall think fit who shall at any time 
or times pass into our said province or shall be resident 
or abiding there. And we do further by these presents 
give and grant unto you the said sir Dan vers Osborn 
full power and authority with the advice and consent 
of our said council to erect constitute and estaldish 
such and so many courts of judicature and puldick Jus- 
tice within our said province under your government 
as you and they shall think fit and necessary for the 
hearing and determining of all causes as well criminal 
as civil according to law and equity and for awarding 
execution thereupon with all reasonable and necessary 
powers authorities fees and privileges belonging there- 
unto as also to appoint and commissionate fit persons 
in the several parts of your government to administer 
the oaths mentioned in the aforesaid act entitled an act 
for the further security of his majesty's person and go- 
vernment and the succession of the crown in the heirs 
of the late princess Sophia being protestants and for 
extinguishing the hopes of the pretended prince of 



History of New- York. 357 

Wales and bis open and secret abettors as also to ten 
der and administer tbe aforesaid declaration unto such 
persons beloni^ing t') the said courts as sliall be obliged 
to take the same And we do hereby authorize and em- 
power you to constitute and appoint judges and in cases 
requisite conmissioners of oyer an i terminer justices 
of tiie peace and otlier necessary officers and ministers 
iii our said provirice for tlie better administration of 
justice and putting the laws in execution, and to ad- 
minister or cause to be administered unto them such 
oath or oaths as are usually given for the due execu- 
tion and performance of offices and places and for the 
clearing of truth in judicial causes And we do hereoy 
give and grant unto you full power and authority 
where you shall see cause or shall judge any offender 
or offenders in criminal matters or for any fines or for- 
feitures due unto us fit objects of our mercy to pardon 
all such offenders and to remit all such offences fines and 
forfeitures (treason and wilful murder only excepted) 
in which cases you shall likewise have power upon ex- 
traordinary occasions to grant reprieves to the offend- 
ers until and t(^ the intent our royal pleasure may be 
known therein. And we do by these presents authorize 
and empower you to collate any person or persons to 
any churches chapels or other ecclesiastical benefices 
Ytdthin our said province and territories aforesaid as 
often as any of them shall happen to be void. And we 
do hereby give and grant unto you the said sir Danvers 
Osl)orn by yourself or by your captains and command- 
ers by you to be authorized full power and authority to 
levy arm muster command and employ all persons 
whatsoever resi ling within our said province of New- 
York and other the territories under your government 



358 History oj Nav-York: 

and as occasion shall serve to march from one place to 
another or to embark them for the resisting and vvith- 
stan;iing of all enemies pirates and rebels both at sea 
and land and to transport sucli forces to any of our 
plantations in America if necessity shall require for the 
defence of the same aoainst tiie invasions or attempts 
of any of our enemies and such enemies pirates and re- 
bels if there shall be occasion to pursue and prosecute 
in or out of the limits of our said province and planta- 
tions or any of them and if it sliall so please God, them 
to vanquish, apprehend and take and being taken eititer 
according to law to put to death or keep and preserve 
alive at your discretion and to execute martial law in 
time of invasion or other times when by law it may he 
executed and to do and execute ail and every otiier 
thing and things which to our captain general and go- 
vernour in chief doth or ought of right to belong and 
we do hereby give and grant unto you full power and 
authority by and with the advice and consent of our 
said council to erect raise and build in our said province 
of NeAv-York and the territories depending thereon such 
and so many forts and platforms, castles, cities, bo- 
roughs, towns and fortifications as you by the advice 
aforesaid shall judge necessary and the same or any of 
them to fortify and furnish with ordnance, ammunition 
and all sorts of anns fit and necessary for the security 
and defence of our said province and by the advice 
aforesaid the same again or any of them to demolish or 
dismantle as may be most convenient and forasmuch as 
divers mutinies and disorders may happen by persons 
shipped and employed at sea during the time of war and 
to the end that such as shall be shipped and employed at 
sea during the time of war may be better governed and 



llislGTij of Nnv'York. 359 

ordered we do hereby give and grant unto you the said sir 
Daiivers Osborn fidl power and authority to constitute 
and appoint caj)tains lieutenants masters of ships and 
othtr coin nanders and officers and to grant to such 
captains lieutenants masters of ships and other com- 
manders and officers commissions to execute the law 
martial during the time of war accordifig to the direc- 
tions of the two acts the one passed in the thirteenth 
year of the reign of king Ciiaries the second enthuled 
an act for the establishing articles and orders for the 
regulating and better government of his majesty's na- 
vies ships of Avar and forces by sea and the other passed 
in the eighteenth year of our reign entituled an act for 
the further regulating and better government of his 
majesty's navies ships of Vt^ar and forces by sea and 
for regulating proceedings upon courts martial in the 
sea service and to use such proceedings authorities 
punishments corrections and executions upon any 
offender or offenders who shall be mutinous seditious 
disorderly or any way unruly either at sea or during 
the ti'.ne of their abode or residence in any of the ports 
harbours or bays of our said province and territories 
as the case shall be found to require according to the 
martial law and the said direction during tlie time of 
war as aforesaid provided that nothing iierein contained 
shall be construed to the enabling you or any by your 
authority to hold plea or have any jurisdiction of any 
offences cause matter or thing committed or done upon 
the higii sea or within any of the havens rivers or creeks 
of our said province and territories under your govern- 
ment by any captain commander lieutenant master offi- 
cer seaman soldier or other person whatsoever who shall 
be in our actual service and pay in or on board any of 



360 Hislory of New-York. 

our ships of war or other vessels acting by iiiimedialf^ 
commission or warrant from our commissioners for ex- 
ecuting tlie office of our high admiral or from our high 
admiral of Great Britain for the time being under the 
seal of our admiralty but that such captain cominander 
lieutenant master officer seaman soldier or other per- 
son so offending shall be left to be proceeded against 
and tried as their olienc es shall require either by com- 
mission under our great seal of Great Britain as the 
statute of the twenty-eighth of Henry the eighth directs 
or by commission from our said commissioners for ex- 
ecuting the office of our high admiral or from our high 
admiral of Great Britain for the time being according 
to the aforementioned acts. Provided nevertheless that 
all disorders and misdemeanors committed on shore by 
any captain commarider lieutenant master officer sea- 
man soldier or other peison whatsoever belonging to 
any of our ships of war or other vessels acting by im- 
mediate commission or warrant from our said commis- 
sioners for executing the office of our high admiral or 
from our high admiral of Great Britain for the time be- 
ing under the seal of our admiralty may be tried and 
punished according to the laws of the place where any 
such disorders offences and misdemeanors shall be comit- 
ted on shore notwithstanding such offenders be in our 
actual service and born in our pa} on board any such 
our ships of war or other vessels acting by immediate 
commission or warrant from our said commissioners for 
executing the office of our high admiral or from our 
high admiral of Great Britain for the time being as 
aforesaid so as he shall not receive any protection for 
tile avoiding of justice for such offences committed on 
shore from any pretence of his being employed in our 



History of Ncw-YorL 30 1 

service at sea. And our further will and pleasure is 
that all publick monies raised or which shall be 
raised by any act to be hereafter uiade witliin our 
said province and other the territories depending 
thereon be issued out by warrant from you by and 
with the advice and consent of our council and dis- 
posed of by you for the suppoit of the government and 
not other^^ ise and we do hereb\ llkewi-e give and grant 
unto you full pov.er and authority by and with the ad^ 
vice and consent of our said council to settle and agree 
>vith the inhabitants of our province and territories 
aforesaid for such lands tenem.eiits and hereditaments as 
now are or hereafter shall be in our power to dispose of 
and them to grant to any person or persons upon such 
terms and under such moderate quitrents services and 
acknowledgments to be thereupon reserved unto us as 
you by and witli the advice aforesaid shall think fit 
which said grants are to pass and be sealed by our seal 
of New-York and being entered upon record by such 
officer or officers as are or shall be appointed thereunto 
shall be good and effectual in the law against us our 
heirs and successors and we do hereby give you the 
said sir Danvers Osborn full power to order and ap- 
point fairs marts and markets as also such and so many- 
ports harbours bays havens and other places for the con- 
venience and security of shipping and for the better 
loading and unloading of goods and merchandizes as by 
you with the advice and consent of our said council 
shall be thought fit and necessary and we do hereby re- 
quire and command all officers and ministers civil mil- 
itary and all other inhabitants of our said province and 
territories depending thereon to be obedient airiing and 
assisting unto you the said sir Danvers Osborn in the 

46 



3b'2 Historic dj Ntw-York. 

execution of this our coiniiiisbion and the powers and 
authorities herein contained and in case of yoio' death 
or absence out of our said province and territories de- 
pending tliereon to be obedient aiding and asisisting un- 
to such person as shall be appointed by us to be our 
lieutenant governour or commander in chief of our said 
pr- vince to whom we do therefore by these presents 
give and grar.t all and sini»;ular the powers and authori- 
ties herein granted to be by him executed and enjoyed 
dming our pleasure or until your arrival within our 
said province and territories and if upon your death or 
absence out of our said province and territories depend- 
ing thereon there be no person upon the place commis- 
sionated or appointed by us to be our lieutenant gover- 
noui" or commander in chief of our said province our 
will and pleasure is that the eldest counsellor >vhose 
name is first placed in our said instructions to you and 
who sliall at the time of your death or absence be resid- 
ing within our said province of New- York shall take 
upon him the administi ation of the government and ex- 
ecute our said commission and instructions and the se- 
veral powers and authorities therein contained in the 
game manner and to all intents and purposes as other 
our governour and commander in chief of our said pro- 
vince sliould or ought to do in case of your absence un- 
til your return or in all cases until our further pleasure 
be known tlierein and we do hereby declare ordain and 
appoint that you the said sir Danvers Osborn shall and 
may hold execute and enjoy the office and place of our 
captain general and governour in chief in and over our 
province of Psew-York and the territories depending 
lliereon together with all and siisgular the powers and 
autiiorities liereby granted unto you for and during our 



History of New- York. 363 

will and pleasure. And whereas tliere are divers colo- 
nies adjoining to our province of New- York for llie de- 
fence and security wiiereof it is requisite that due care 
be taken in time of war we have therefore tli..u<dit it 
necessary for our service and for the better protection 
and security of our subjects inhabiting those parts to 
constitute and appoint and we do by these presents 
constitute and appoint you the said sir Danvers Osborn 
to be our captain general and commander in chi.f of 
the militia and of ail the forces by sea and land witliin 
our colony of Connecticut and of all our forts and 
places of strength within the same and for the better or- 
dering governing and ruling our said militia and all our 
forces forts and places of strength witiiin our said colo- 
ny of Connecticut we do hereby give and grant unto 
you tlie said sir Danvers Osborn and in your absence 
to our commander in chief of our province of New- 
York all and every the like powers as in these presents 
are before granted and recited for the ruling governino' 
and ordering our militia and all our forces forts and 
places of strength within our province of New-York to 
be exercised by you the said sir Danvers Osborn and in 
your absence from our territories and dominion of 
New-York by our commander in chief of our province 
of New-York within our said colony of Connecticut 
for and during our pleasure In witness whereof we have 
caused these our letters to be made patent witness our- 
self at Westminster the first day of August in the twen- 
ty-seventh year of our reign. 

By nrit of privy seal, 

YoRKE and YoFvKP„ 



361 Historif of New-York, 

The inslructioiis received with the commission, are 
explanatory of the patent, and re<;ulate the govt'rnour's 
conduct on ahiiost every common contingency.* 

The salary, generally granted to the governour by 
the instructions, is 1,200/. sterling out of the revenue 
here ; but that being an insutficient fund, the assembly, 
in lieu of it, give him annually 1,560/. currency. The 
perquisites perhaps amount to as much more. 

This office was formerly very lucrative, but becomes 
daily less considerable, because almost all the valuable 
tracts of land are already taken up. 

The council, when full, consists of twelve members, 
appointed by the king's mandamus and sign manual. 
All their privileges and powers are contained in the 
instructions. They are a privy council to the gover- 
nour in acts of civil government ; and take the same 
oath administered to the king's council in England. 
The tenure of their places is extremely precarious, and 
yet their influence upon the* publick measures very con- 
gideral^le. In the grant of all patents the governour is 
bound to consult them, and regularly they cannot pass 
the seal without their advice. 

They enjoy a legislative power, as the lords do in 
parliament ; and exercise also judicial authority upon 
writs of error and appeals. They are convened by the 
governour ; and he is always present when they sit as 
a court or privy council, which is ordinarily at the fort. 
In their legislative capacity, they meet without the go- 
vernour, and always at the city iiall. They sit accord- 
ing to their seniority, and the eldest member present is 

* The instructions are, in number, above a hundred, and never re^ 
corded. They are chanoealjle at the king's pleasure, but rarely un- 
dergo any very cousiderable alteratiou. 



History of Nefv- York. 365 

speaker of their house. In a committee the chairman 
has no voice. They cannot vote by proxy, but have 
the privilege of entering their dissent, and tlie reasons 
at large, on their minutes. Their proceedings are very 
formal, and in many respects they imitate the example 
of the lords. Their messages to the assembly are car- 
ried by one of their own members, and the house always 
rises at his entrance and receives them standing. The 
council never publish their legislative mhuites ; but 
the assembly always print their own votes ; nor do 
either of these houses permit strangers to be present at 
their conventions. 

A counsellor's title is ' the honourable.' They serve 
his majesty without salaries. The business of the pri- 
vy council board is of late very much increased, and 
never had so great weight in the colony as at present ; 
which is much owing to the king's calling lawyers of 
reputation to the assistance of his governours. The 
present members are the honourable 

Cadwallader Golden, .Joseph Murray, 
Archibald Kennedy, John Rutherford, 
James De Lancey,* lieu- Edward Holland, 

tenant governour. Sir Wm. Jolinson, barl. 

Daniel Horsmanden, John Chambers, 
George Clarke, jun. William Smith. 

The business in council daily increases, and is now 
become very burdensome, being entirely transacted by 
a few members. Mr. Colden resides in the country ; 
Mr. Clarke in England ; Mr. Rutherford, being an of- 

* The office of lieutenant governour requires no service, except on 
the death or in the absence of the governour in chief. It gives no 
rapk in council, nor is there any salary annexed to it. 



366 History of Ncw-Yor7c. 

iicer, moves with the army, and sir William Johnson 
has his residence in the western part of the county of 
Albatsy. 

The general assembly consists of twenty-seven re- 
presentatives, chosen by tlie people, in pursuance of a 
writ of summons issued by the governour. 

At the day appointed for their appearance, such as 
are elected, convene themselves at the assembly c ham- 
ber, in the city of New- York ; and, by the cleik of 
the house, inform the governour of their meeting. 
If they are above tliirteen in number, some persons, 
(generally the judges of the supreme court) are 
sent to tlie assembly chamber, empowered by a cotn- 
mission to take their oaths and subscriptions. They 
are tlien called before liis excellency, who recommends 
their choice of a speaker. For that purpose they again 
retire, and conduct the person they elet t into the chair, 
which is seated at the upper end of a long table. Alter 
that he is presented to his excellency in the council 
chamber ; and upon his approbation of their t hoice, 
whicli is of course, the speaker addresses himself to the 
governour, and, in behalf of the house, pra} s, " that 
their words and actions may have a favourable con- 
struction, that the members may have free access to 
him, and they and their servants be privileged with a 
freedom from arrests." The governour, after })romis- 
ing these things on his part, reads his speech to both 
houses ; and, at the request of the speaker, delivers a 
copy for the use of the assembly. 

I need not enlarge upon the customs of the general 
assembly, for they take the prat lice of the British house 
of commons for their model, and vary from them in but 
very few instances. Money bills are not returned to 



History of Netv-York. 367 

them bv the council board, as the lords do to tlie com- 
mons ; and yet the reasons for this practice are much 
stronger here than at home. AVhen the governoiir pass- 
es the bills sent uj) to liim, both houses are piesent ia 
the council ( hamher. It is then customary for him to 
ask the advice of his council with respect to every bill 
and he signs them at the foot after tliese words, " I as- 
serit to this bill, enacting the same, and order it to be en- 
rolled." After that the acts are published in the open 
street, near the city hall ; his excellency and the two 
houses being present. 

The daily wages of the representatives, as regulated 
by sundry acts of assembly, are annexed to the follow- 
ing list of the present members of the house. 

For the city and cowity of New- York. 
Paul Richard, Henry Cruger, William Walton, John 
Watts, esqrs. each 6s\ per diem. 

City and County of Alba n v. 
Peter Winne, Peter Douvv, esqrs. lOs. per diem. 

Westchester County. 
John Thomas, Frederick Philispe, esqrs. 65. per diem. 

SuFioLK County. 
Eleazer Miller, William Nicoll, esqrs. 9s. per diem. 

Queen's County. 
David Jones, Thomas Cornel, esqrs. 65. per diem. 

King's County. 
Johannes Lott, Dominicus A^anderveer, esqrs. 6.9. per 
diem. 

Ulster County. 
.Johannes Jansen, Moses De Pew, jun. esqrs. 6s. per 
diem. 

Richmond County. 
William Walton, Benj, Sdeaman, esqrs, 6s. per diem-. 



3(j8 Hislorij of New-York, 

Dutchess County. 
Henry Beekman, Henry Filkiii, esqrs. 65. per diem. 

Orange County. 
Theodorus Snediker, Samuel Gale, esqrs. 65. per diem. 

Borough of Westchester. 
Peter De Lancey, esq. IO5. per diem. 

Tonnship of Schenectady. 
.Tacobus Mynderse, esq. 10^. per diem. 
Manor of Rejnslaerwyck. 
John B. V. Renslaer, esq. \0s. per diem. 

Manor of Livingston. 
Robert Livingston, jun. esq. IO5. per diem. 

Manor of Courtlandt. 
Philip Yer Plank, esq. 65. per diem. 
The continuance of our assemblies was unlimited, till 
the political struggles, which took rise in Mr. Cosby 's 
administration, forced Mr. Clarke, who succeeded him, 
to pass the act restricting them to three years ; but this 
was repealed by the king, and a septennial law enacted 
soon after the arrival of governour Clinton, which is still 
in full force. 

No colony, upon the continent, has formerly sufTered 
more than ours, in the opinion of the king's ministers. 
This has been owing to the ill impressions made by our 
governours, who are scarce ever disengaged from dis- 
putes with the lower house. Our representatives, 
agreeable to the general sense of their constituents, are 
tenacious in their opinion that the inhabitants of this 
colony are entitled to all the privileges of Englishmen ; 
that they have a right to participate in the legislative 
power, and that tiie session of assemblies here, is wisely 
substituted iisstead of a representation in parliament, 
which, all things considered, would, at this remote dis- 



History of Nciv-York, 3(3f^ 

lance, be extremely inconvenient and dangerous. The 
governours, on tlie other band, in general, entertain po- 
litical sentiments of a quite ditlerent nature. All the 
immunities \Ve enjoy, according to them, not only flow 
from, but absolutely depend upon, the mere grace and 
will of the crown.* It is easy to conceive that conten- 
tions must naturally attend such a contradiction of sen- 
timents. Most of our disputes, however, relate to the 
support of government. Before lord Cornbury's em- 
bezzlements, the revenue was established for a long pe- 
riod, but afterwards reduced to a few years. The vio- 
lent measures, in Mr. Cosby 's time, led the assembly to 
the scheme of an annual provision. These are the 
words of that much famed address of the house, to lieu- 
tenant governour Clarke, on the 8th of September, ITS?, 
previous to the change. 

" The true causes of the deficiency of the revenue, 
we believe, are too well known to your honour, to make 
it necessary for us to say much on that head. Had the 

* " We are no more than a little corporation. I would advise these 
gentlemen [assemblies] lor the future, to drop those parliamentary airs 
and style about liberty and property, and keep within their sphere, 
and make the best use they can of his majesty's instructions and com- 
mission ; because it would be high treason to sit and act without it. This 
is our charter. If we abuse or make a wicked use of his majesty's fa- 
vours, we are, of them, but tenants at will : we only hold them durins; 
pleasure and good behaviour." These are the accurate and bright 
thoughts of the gentleman who published a pamphlet, entitled " an es- 
say on the government of the colonies," in 1 752. Sir William Jones, 
attorney general to James II. was of a very different opinion. For lie 
told the king, " that he could no more grant a commission to levy mo- 
ney on his subjects in the plantations, without their consent by an 
assembly, than they could discharge them?elvp=! fiom tbHr allegiancp,"'' 
Life of sir William Phips, p. 23. 

'1.7 



370 History of Nerv-York. 

conspicuous loyalty of the inhabitants of this provincr 
met with a suitable treatment in return : it is not unlike- 
ly, but we should iiow be weak enough to act like oth- 
ers before us, in being lavish beyond our abilities, and 
raising sums unnecessary to be given ; and contii ued 
the donation, like them, for a longer time than what 
was convenient for the safety of the inhabitants : but ex- 
perience has shown the imprudence of such a conduct, 
and the miserable condition to whicli the province is 
reduced, renders the raising of large sums very difficult, 
if not impracticable. AA e therefore beg leave to be 
plain with your honour, and hope you will not take it 
amiss, when we tell you, that you are not to expect 
that we either will raise sums unfit to be raised ; or put 
what we shall raise into tlie power of a governour to mis- 
apply, if we can prevent it ; nor shall we make up any 
other defi( iencies, than what we conceive are fit and 
just to be paid ; or continue what support or revenue 
we sliall raise for any longer time than one year. Nor 
do we think it convenient to do even that, until such 
laws are passed, as we conceive necessary for the safety 
of the inhabitants of this colony, who have reposed a 
trust in us for that only purpose ; and which we are 
sure you will think it reasonable we should act agree- 
able to, and by the grace of God we will endeavour not 
to deceive them." 

The sentiments of this address still prevail among the 
people, and therefore tlie success of the present solici- 
tations, for a permanent, indefinite, support, will pro- 
bably be in vain. 

The matter has been often litigated with great fer- 
vency on both sides, and the example of the British par- 
liament urged as a precedent for our imitation. Ta 



History of New- York. 371 

this it is answered, that the particular .state of this pro- 
vince (litll'rs so vvi.lely from that of their mother coun- 
try, that we ouglit not in this respect to follow the 
custom of the commons. Our constitution, as some ob- 
serve, is so imperfect, in numberless inslances, that the 
riohts of the people lie, even now, at the mere mercy of 
their governours ; and granting a perpetual support, it 
is thought, would be in reality little less than the loss 
of every thing dear to them. 

It must be confessed that many plausible arguments 
may be assigned, in support of the jealousy of the house. 
A. governour has numberless opportunities, not proper 
to be mentioned, for invading the rights of the people, 
and insuperable difficulties would necessarily attend 
all the means of redress. 

By gradual advances, at seasonable junctures, we 
might have introduced such amendments, as would, at 
this day, have established a sound and well fortified po- 
litical frame ; but through our utter neglect of educa- 
tion, the ancient assemblies consisted of plain, illiterate 
liusl^andmen, whose views seldom extended farther than 
to the regulation of highways, the destruction of wolves, 
^vild cats, and foxes, and the advancement of the other 
little interests of tiie particular counties wiiich they 
were chosen to represent. 

CHAPTER VI. 

Of our Laws and Courts. 

The state of our laws opens a door to much contro- 
versy. The uncertainty, ^vith respect to them, renders 
property precarious, and greatly exposes us to the ai:- 



372 Hislory of Ke7V-York, 

biliary decisions -of bad judges. The common law oi" 
England is generally received, together with such sta- 
tutes as were enacted before we had a legislature of our 
own. But our courts exercise a sovereign authority 
in determining what parts of the common and statute 
law ought to be extended ; for, it must be admitted, 
that the difference of circumstances necessarily requires 
us, in some cases, to reject the determinations of both. 
In many instances they have also extended, as I have 
elsewhere observed, even acts of parliament, passed 
since we have had a distinct leo^islation, which is addinsj 
greatly to our confusion. The practice of our courts 
is not less uncertain than tlie law. Some of the English 
rules are adopted and others rejected. Two things^ 
therefore, seem to be absolutely necessary for the pub- 
lick security : 

First, The passing an act for settling the extent of 
English laws. And, 

Secondly, That the courts ordain a general set of 
rules for the regidation of the practice. 

To give a particular account of our laws, civil and 
criminal, cannot be expected in this work. All lands 
are held of the crown by soccage tenure, as those of 
East Greenwich, at home, in the county of Kent ; and 
the manner of obtaining a title to such as are vacant, or 
in possession of the Indians, is this : 

Formerly the custom was to apply to the governour 
in council, for a license to piu'chase lands of the natives 
in his majesty's name. A deed was then privately ob- 
tained from the Indian proprietors to the king, and an- 
nexed to a second petition to the governour, for a war- 
rant to the surveyor general, to make a survey of the 
quantity purchased. Another warrant, upon the re- 
turn of the survey, was then issued to the attorney ge- 



History of New-York. 373 

iieral, to prepare a draught of the patent ; Avhich being 
transmitted to the secretary's otiice, was then engrossed 
upon parchment, and the great seal affixed to it by tlie 
governour. 

In these surveys and deeds, more lands were often 
included than the Indians intended to sell ; and these 
frauds being frequently complained of, an order was 
made by the governour and council, in 1736, that 
thencefortli no Indian deed should be taken until the 
land proposed to be granted was actually surveyed by 
the surveyor general, or one of his deputies, in the pre- 
sence of the Indian proprietors ; that the bounds of the 
tract should be then entered in the deed, and a certifi- 
cate endorsed that they are agreeable to the survey, 
and that he saw the consideration money or goods, ho- 
na fide, delivered to the vendors. 

The patenting of lands, has long been, and still con- 
tinues to be, very expensive. 

Our law judicatories are numerous; I begin Avith 
the lowest. 

Of the Justices' Court. Justices of the peace are 
appointed by commission from the governours, who, to 
serve their purposes in elections, sometimes grant, as it 
is called, the administration to particular favourites in 
each county, which is the nomination of officers civil 
and military ; and, by these means, the justices have 
been astonishingly multiplied. There are instances of 
some who can neither write nor read.* These genii, 

* Lord Bacon's observation, that there are many who count it a 
credit to be burdened with the office of a justice of the peace, is very 
applicable to us. Bacon's works, fol. a'^oI. ii. p. 151. The statute ol 
38 HcD. YIII. limited the number of justices to eight in a county. 



374 History of Neri-York. 

besides their ordinary poweis, are by acts of assembly 
ena])led to hold courts for the deteriiiinalion of small 
causes of five pounds and under ; but the parties are 
privileged, if they choose it, with a jury of six men. The 
proceedings are in a summary way, and the conduct of 
the justices has given just cause to innumerable' com- 
plaints. The justices have also a jurisdiction with re- 
spect to crimes under the degree of grand larceny. 
For any three of them (one being of the quorum) may 
try the criminal, without a jury, and inflict punishments 
not extending to life or lim!). 

The Sessioivs ai\'d Court of Common Pleas. The 
court of common pleas takes cognizance of all caus- 
es where the matter in demand is in value above 
live pounds. It is established by an ordinance of the 
governour in council. The judges are ordinarily tiu'ee, 
and hold their offices during pleasure. Through the 
infancy of the country, few, if any of them, are acquaint- 
ed with the law. The practice of these courts is simi- 
lar to that of the common bench at Westminster. Tliey 
have each a clerk commissioned by the governour, who 
issues tlieir writs, enters their minutes, and keeps the 
records of the county. Ttiey are held twice every 
year. These judges, together with some of the justices, 
hold, at the same time, a court of general sessions of tiie 
peace. 

The Supreme Court. The jurisdiction of this couil 
extends through the whole province, and its powers are 
very great. For it takes cognizance of all causes civil 
and criminal, as fully as the king's bench and common 
pleas at Westminster. In civil controversies, tlie value 
of the sum demanded must exceed twenty pounds. Tliis 
court has four terms in a vear, and always sits ai JNew- 



History of New- York. 375 

York.* The judoes, for many y{ ars past, have been 
but tliree. The diief justice ha:s ten shillings, as a per- 
quisite, upon the first motion in every cause, together 
with an annual allowance of 300/. The second and 
third justices have also yearly appointments, tuo in- 
ciiusiderable to be worth rnentioHing. Tiiey hold their 
offices by separate commissions under the great seal of 
the province, wliich were formerly during pleasure, but 
of late quam diu se bene gcsserint.-f 

The supreme court was, at first, estal^lislied by seve- 
ral laws of the province ; but the terms were, afterwards, 
directed by an ordinance of the governour and council, 
which is alterable at pleasure. 

Whether tliis court has a right to determine causes 
in a course of equity, was a question much iitigat-d, 
during the troubles in the several administratioi«s of 
]\lr. Cosby and I\]r. Clarke. Colonel Morris, afterwards 
governour of New-Jersey, sat then as chief justice upon 
the bench, and delivered a long, argumentative, opinion 
in the negative.;!: The people were, in general, on that 

* The terms commence on the third Tuesdays in January, April and 
October, and on the last in July. The first and last conliuue five 
days, and the two other terms ten. 

f Prosecutions, by inlormntion, are often commenced in the supreme 
court by order of the governour and council, and criminals sometimes 
conmiitted by their warrants; for which nason some are of opiiiion 
that tlie judges ou<:ht not to be menibers of that board, which is fre- 
quently the case. 

I See the printed opinion, and the arguments of messieurs Alexan- 
der and Smith, for the defendant, Van Dam, advertus the attorney 
general ; in support of a plea to the jurisdiclion of the supreme ceurr, 
on a bill filed there for governour Cohby in a courcp of equity. JSew- 
York printed by John P. Zenger, lT3r5. 



376 History oj iS/iw-York, 

side, and the exchequer court bell scarce ever rung, but 
the city was all in confusion. Petitions against the 
court, from several parts of the province, came up to 
the assembly, who desired to hear counsel ; and ac- 
cordingly Mr. Smith and Mr. Murray, delivered their 
opinions at their request, both which were afterwards 
printed by their order. The former, who spoke first, 
urged numerous authorities, to prove that no court of 
equity could be legally established except by prescrip- 
tion or an act of the legislature, and concluded with 
these words — " 'Tis with the greatest submission that I 
tender my opinion upon these points. — T have said no- 
thing with a design to offend any man, nor have I omit- 
ted saying any thing that I thought might tend to the 
publick good. Liheravi animam meam. I have endea- 
voured to discharge the trust, and support the character, 
with which this house has honoured me. You have my 
sincere and real sentiments. If I have erred in any 
thing, it has been unwillingly. I am heartily a friend 
to this colony, and earnestly wish its prosperity. I have 
no interest in the points in question, but what are com- 
mon to all the freemen of this province. I profess the 
greatest veneration for the laws of my country, and am 
glad of every opportunity to do them publick honour. 
They place our liberties upon the firmest basis, and put 
our properties under the surest protection. I rejoice 
in the security that we have of a long enjoyment of 
them by the settlement of the succession in the house 
of Hanover.™ 'Tis the excellency of our constitution, 
and the glory of our princes, that they are sovereign 
over freemen, and not slaves. 'Tis the misery of an 
arbitrary government that a man can enjoy nothing 
-inder it, that he can call his own. Life, liberty, and 



History of New-York. 377 

property, are not his, but all at the will and disposal of 
his tyrannical owner. I don't wonder that our ances- 
tors have been always so jealous of their liberties : how 
oft have they bravely fought, and nobly died, in the de- 
fence of them ? we have received our liberties and our 
laws, as an inheritance transmitted to us in the blood of 
our fathers. How hi<^hly therefore should we prize and 
value them ! and what care should we take, that we and 
our posterity may enjoy them in their full extent ? If 
this be our happy case, we shall sit under om- own 
vines and our ow n fig trees, and none w ill makt; us 
afraid. We shall see our country flourish, and our- 
selves a happy people. But if an arbitrary' power over 
our liberties and properties be let in upon us, but at a 
back door, it will certainly drive many of us out of our 
habitations ; and 'tis to be feared, will once more re- 
duce our country to a wilderness, and a land without 
inhabitant : w^hich w^e doubt not but this honourable 
house will take care to prevent." 

Mr. Murray laboured to show that the chancery, 
king's bench, common pleas and exchequer, w^ere of 
original jurisdiction by the constitution of England ; 
and was fearful that our establishment of these courts 
here by an act of assembly, w ould draw into question 
our equal rights to all the liberties and privileges of 
Englishmen. He closed his opinion in this manner : 

" And now, Mr. speaker, I have in the best manner 
that I was capable of, performed what this honourable 
house desired of me, in giving truly my sentiments up- 
on the subject matter of these petitions. 

" Mr. Smith, in delivering his sentiments last Friday, 
did, in so handsome and elegant a manner, fully prove 
that the people of this colony are imdoubtedly entitled 

48 



378 tfistory of New-Tofk. 

to the customs, laws, liberties, and priv ile^(^s of Ens;- 
lij-liiiien, that it was needless for me to attempt the 
proof thereof, wliich otherwise I should have done. But 
i do entirely a^ree with him, in all that he said on thnt 
head ; and I hope I have proved that the fundamental 
courts, by the laws of England, are as much part of 
tliose liberties and privileges, and as much by the cus- 
i(»mb and laws of England, as any otlier of their ]il)er- 
tifs and privileges are ; and of consequence, the people 
here as much entitled to those fundamental courts, ae 
to their other privileges ; and have endeavoured to an- 
swer all the objectiMnsthat I had heard were, or thouglit 
could be, made against our being entitled to the same 
courts. And upon the whole thereof, as there has been 
much talked about the liberties and privileges of the 
people, I would beg leave only to propound this one 
question, who is he that argues most in favour of the 
liberties of the people ? he who affirms and proves 
that they are entitled to those liberties and privileges, 
laws and customs of England, and the good old original 
courts, that are by those laws, without an act? or, 
he who argues and says we are not entitled to them, 
until an act is passed to establish tliem ? I suppose 
the ansAver would be given, without hesitation, in favour 
of tlie former. 

" But, Mr. speaker, if it yet should be said, that there 
is a necessity for making acts relating to those coui-ts, 
I would beg leave to offer to this honourable house the 
imitation of such laws relating to those courts, as the 
■^\ise legislature of England have thought tit to make. 
I presume it will not be said there can be a better pat- 
tern offered for the assembly to go by. And it is not 
to be supposed but ttiat the parliament at home ha? 



History oj N(w-York. 379 

laaade all tlie regulations therein that can be thought 
necessary ; whereas going into new schemes and new- 
inventions, may be attended with many inconveniences, 
whicii, when they happen, may not be so easily reme- 
died. 

" And I beg leave to conclude, by praying that God 
Almighty may guide, direct, and influence this honour- 
able house in their debates and consultations upon this 
momentous atTair, and that the end thereof may be for 
tile good of all the inhabitants of this colony." 

The opposition to the exchequer became now strong- 
er tha.!i before the coimsel were heard. And, therefore, 
under these discouragements, the court lias taken cog- 
nizance of no cause since Van Dam's, nor has that in- 
deed ever been determined,* 

* Sir J-tin Randolph wrote his sentiments concerning: these dispufcs 
to captain Pcarse. And as he was an eminent lawyer, in Virginia, I 
<]oubt not his letter will be acceptable to the reader. 
"SIR, 

" By your request I have perused and considered the arguments of 
SJr. Smith and Mr. Murray, before the general assembly of New York, 
in relation to the court of equity established there in a new court of 
exchequer ; which, I percf ive, was done principally, for determinins; a 
dispute between the governour and the president of the council, about 
their right to the salary annexed to the oiTice of the commander m 
chief, Mheiher he be the governour or president ; and it seems strange 
to me, that upon such an occasion, so extraoi'dinary a step should be 
taken as the erecting of a new court, exempted from the rules of the 
proceeding at the common law, when the matter might have been de- 
cided in an action of the case upon an indebitatus assumpsit, which is 
the settled method and most expeditious remedy in cases of that na- 
ture. 

" Both these gentlemen seem to have agreed in one point, that it was 
necessary to trace the court of chancery and the eqnity court in the 
^Sjcliequer back to their original instioition, ia order to show whcthn- 



380 History of Nciv-Yorlc. 

The judges of this court, according to an act of as- 
sembly, are judges of Nisi Prins of course ; and, agree- 



the governour of a new plantation, liath a power or not, to erect courts, 
in imitation of these high and ancient courts in England. And from 
their researches, they seem to have made very different conchisions. 
Mr. Smith rightly concludes against the legality of this court ; but 
Mr. Murray is afraid all must be lost, if the four fundamental courts, 
as he calls them, cannot be obtained in NcAv-York. I own 1 do not 
understand the force of this sort of reasoning ; nor can I conceive how 
any enquiry into the original of the high court of chancery, which must, 
after all, end in a mere conjecture, can afford the least assistance in 
forming a right judgment upon this question, Avhich must depend upon 
the particular constitution of these foreign colonies. 

" The court of chancery, in England, has its being from custom and 
usage, to which it owes its legality. If it were to be erected now by 
tlie king's power, it could not stand ; therefore it is undoubtedly a great 
absurdity to suppose, that upon ihe planting every new colony by the 
subjects of England, new courts must spring up, as it were, from the 
roots of the ancient courts, and be establislied without the consent of 
the legislature ; because we can imitate their methods of proceeding, 
though we are very imperfect in comparison to their i-eason and judg- 
ment. Then I think there is another impropriety in the debate of this 
question : they Avould argue from the power and prerogative of the 
king, to entitle a governour to act in the same manner. I think, be- 
fore they turn a governour into a king, they should take care to pro- 
vide for him the same sulTiciency of wisdom, and as able a council : 
therefore I must suppose a mighty difference between the power of a 
king and the goveruours abroad.— Their instructions, as to the erect- 
ing of courts, or the authorities granted in their patents for that purpose, 
are not now, as they were in the beginning, when there were no courts : 
but proper judicatures being long since established, there is an en<! of 
their power in that respect ; and if any alteration is found necessary,.it 
iHUst certainly be done by the consent of the legislature. The kings of 
England have always, so far as I am acquainted with the history of the 
plantations, used a particular tenderness in the business of erectiug tlieir 
courts of judicature, by directing their governours to take the advice of 
ihe general assemblies in that matter, aad I dare say, that if the patents 



Hislory of Netv-Yorh 381 

able to an ordinance cf the governour and council, per- 
fonn a circuit through the counties once every year. 



aud instriiciions of the governcur of New-York were to be inspected, no 
sufficient warrant will be found in them to exercise this lii-j^h power of 
setting up new courts. But be that as it will, this is most rnanifest, 
that setting up one or more men with power to judge men's properties, 
by other rules than those of the common law, by which alone we of the 
plantations must be governed, must subject the estates of that people to 
an arbitrary rule, so far as they are restrained from appealing to an high- 
er jurisdiclicn, atid mny enslave them to the weak, if not c trmpt, judg- 
ments of those men. It really seems to be a siai^ular misfortune to the 
people of NL-w-York, that a question of this nature slioidd be so far 
countenanced as to become a subject of argument, when, I believe, io 
any other colony, it would not have been thought a matter of any doubt 
or the least difficulty. But above all, it is most extravagant, that a 
court of equity sliould be erected for the trial of a cause, of which, 
without doing violence to its nature, it cannot have any jurisdiction ; and 
I have wondered, in so warm a debate, that this point has been passed 
over. I think nothing could entitle the court of equity to proceed in 
the cause between the governour and Van Dam, unless there was a want 
of proof of Van Dam's receiving the money in dispute, which I suppose 
is impossible, since it must have issued out of the publick treasury of the 
province. If I had been to have argued diis point, I sh^rald have taken 
a very different method from those gentlemen. Instead of taking so 
much pains, in running through so many book cases, to settle what the 
constitution of England is, I woulil have stated the constitution of this par- 
ticular government, as it is grounded either upon treaties or grants from 
the crown of England ; for as New-York was a conquered country, it is 
very probable something may have been stipulated between the States 
Gfcneral and the crown of England, in behalf of the subjects of Holland, 
which were left there in possession of their estates, and so became sub- 
jects to England. If there was any such treaty, that must be looked 
upon as the fundamental law of the province ; and next to that the king's 
charters must take place. I do not at all doubt, but some M'ay or 
other, the common law was established there, and if not, as there is h 
legislature, I suppose it is adopted by the country ; for there is, un- 
doubtedly, a great difference between the people of a coijquered country 



382 History of New-York, 

They carry Tvith ilieni, at the same time, a ^ommig-^ 
sion of oyer and terminer and general a^aol delivery, in 
which some of the county justices are joined. 

Tlie judges and piactisers in tlie supreme, and 
all other courts, wear no peculiar habits, as they do at 
Westminster hall, and in some of the West India isl- 
ands ; nor is there, as yet, any distinction or degree* 
among the lawyers. 

The door of admission into the practice is too open. 
The usual preparatories are a college or univ«'rsity 
education, and three years apprenticeship ; or, without 
the former, seven years service under an attorney. In 
either of these cases, the chief justice recommends the 
candiilate to the governour, who thereupon grants a li- 
cense to practise under his hand and seal at arms. This 
being produced to the court, the usual state oaths and 
subscriptions are taken, togetlier with an oatli for his 
upright demeanour, and he is then qualified to practise 

and colonies establishel by the kirio;''^ consent by the subjects of Ea^- 
laud. The com non law follows thetn wherever they go ; but as to the 
otiier, it must arise either from treaties or grants ; therefore it is a pity, 
every thing in relation to this m itter has been omitted, which would have 
been of great use to those who are unacquainted with the facts, in forn- 
ing a judgment in this case. I cannot forbear observing a mighty M'eak- 
upss in the lawyers of Xew-Y»rk, in blindly following a common errour 
in relation to ihe statutes of England being in force there ; whereas there 
is no foundation in sense or reason for such an opinion. The common 
law must be the only rule ; and if we wade into the statutes, no man cau 
tel what the law is. It is certain all of them cannot bind, and to know 
which do, was always above my capacity. Those that are declaraiive 
of he common law, serve us rather as evidences, than by any binding 
quality, as statutes. 

" I am, sir, your most obedient servant, &c. 

"JOHN RANDOLPIL'^ 



History of New-York. 383 

in every court in the province. Into the county courts 
atlurnies are introduced with still less ccaemony. For 
our £:;overnours have formerly licensed all persons, ho^v 
indiflerently soever recommended ; and tiie profession 
Las been shanieiully disgraced, by the admission of men 
not only of the meanest abilities, but of the lowest em- 
ployments. The present judges of the supreme court 
are the honourable (foi that is their title) 

James De Lancey, esq. chief justice. 
John Chambers, esq. second justice. 
Daniel H» >rsmandenj esq. third justice. 

They have but two clerks ; one attendant upon the 
aupretue court at New-York, and the other on the cir- 
cuits. The former seals all their process and is keeper 
of the records. 

The Court of Admiralty. The only officers of 
this court are the judge, or commissary, the register 
and marshal. The present judge, Lewis Morris, esq. 
lias, by his commission,* a jurisdiction in all maritime 
aliairs, not only here, but in the colonies of New-.Ier- 
sey and Connecticut. The proceedings before him are 
in English, and according to the course of the civil law. 

The Prerogative Court. The business of this court 
relates to the probate of last wills and testaments, and 
the grants of letters of administration on intestat<:s' es- 
tates. The powers, relative to these matters, are commit- 
ted to the governour, who acts ordinarily by a delegate. 

The Court of the Governour and Council. Tiie 
authority of this court is best seen in the instruction on 
which it depends. 

" Our will and pleasure is, that you, or the command- 
er in chief of our said province, for the time being, do 

* It is under the seal of the adaiiialfy, and dated Jaouarj 16, 1735. 



384 History of Isleiv-York. 

in ail civil causes, on application being made to you, or 
the commander, in chief for the time being, for tliat 
purpose, permit and allow appeals, from any of the 
courts of common law in our said province, unto you 
or the commander in chief, and the council of our said 
province ; and you are, for that purpose, to issue a writ, 
in the manner which has been usually accustomed, re- 
turnable before yourself and the council of our said 
province, who are to proceed to hear and determine 
such appeal ; wherein such of our said council, as shall 
be at that time judges of the court from whence such 
appeal shall be so made, to you our captain general, or 
to the commander in chief for the time being, and to 
our said council, as aforesaid, shall not be admitted to 
vote upon the said appeal ; but they may, nevertlieless, 
be present at the hearing thereof, to give the reasons 
of the judgment given by them in the causes wherein 
such appeals shall be made. 

" Provided nevertheless, that in all such appeals, the 
sum or value appealed for, do exceed the sum of * three 
hundred pounds sterling ; and that security be first du- 
ly given by the appellant, to answer such charges, as 
shall be awarded in case the first sentence be affirmed ; 
and if either party shall not rest satisfied with the judge- 
ment of you, or the commander in chief for the time be- 

* Before the ariivel of sir Danvers Osborn, appeals were givrn to 
the governour and council, in all causes above lOOl. sterling, and 
to the king in council in all those above 3001. sterling. By this 
instruction the power of the supreme court and the governour and 
council is prodigiously augmented. In this infant country few 
contracts are equal to the sums mentioned in the instruction, and 
therefore an uncontrolable authority in our courts may be dangerous 
to the property and liberties of the people. Proper checks upon judg- 
es preserve them both from indolence and con'uption. 



History of New- York. 385 

ing, and council as aforesaid, our will and pleasure is, 
ihat they may then appeal unto us in our privy council. 
Provided the sum or value so appealed for unto us, ex- 
ceed five hundred pounds sterling, and that such appeal 
be made within fourteen days after sentence, and good 
security given by the appellant, that he vi^ill effectually 
prosecute the same and answer the condemnation, and 
also pay such costs and damages, as shall be awarded by 
us, in case the sentence of you, or the commander in 
chief for the time being, and council, be affirmed. Pro- 
vided nevertheless, where the matter in question relates 
to the taking or demanding any duty payable to us, or 
to any fee of office, or annual rent, or otlier such like 
matter or thing, where the rights in future may be bounds 
in all such cases, you ore to admit an appeal to us in 
our privy council, though the immediate sum or value 
appealed for, be of a less value. And it is our further 
will and pleasure, that in all cases, where, by your in- 
structions, you are to admit appeals to us in our privy 
council, execution be suspended, until the final deter- 
mination of such a{)peals, unless good and sufficient se- 
curity be given by the appellee, to make ample restitu- 
tion of all that the appellant shall have lost, by means 
of such judgment or decree, in case upon the determi- 
nation of such appeal, such decree or judgment should 
be reversed, and restitution awarded to the appellant.' 
The Court of Chancery. Of all our courts, none 
has been more obnoxious to the people than this. 
There have been (as I have already shown) few admin- 
istrations since its first erection, in which our assemblies 
have not expressed their disapprobation of its constitu- 
tion by ordinance, and the exercise of the chancellor's 
power by the governour. During the administration 

49 



386 History of Ncw-YorJc, 

of governoiir Cosby, a bill was filed by sir Joseph 
E} les and others, to vacate tlie oblong patent granted 
hy his immediate predecessor to Hauley and c(»tiipany. 
The defendants excepted to the governom-'s jurisdicti^.n 
but being overruled, they resorted to tiie assembly 
with a complaint, and the house, on tlie 6th of iSovein- 
ber, 1735, resolved, 

" That a court of chancery, in this province, in the 
hands or under the exercise of a goveinour, without 
consent in general assembly, is contrary to law, un\Aar- 
rantable, and of dangerous consequence to the liberties 
end properties of the people." 

The same sentiments obtained among the people in 
Mr. Clarke's time, as is very evident in the memorable 
address of the assembly, in 1737, a part of which, rela- 
tive to the court of chancery, is too singular to be sup- 
pressed. 

"The settling and establishing of courts of general 
jurisdiction, for the due administrati(in of justice, is ne- 
cessary in every couitry, and we conceive they ought 
to be settled and established, by the acts of the whole 
Jegislature, and their several jurisdictions and powers 
by that authority limited and appointed, especially 
courts that are to take cognizance of matters in a course 
of equity. — This has been the constant practice in Eng- 
land, when new coints were to be erected, or old ones 
to be abolislied or altered ; and the several kings of 
England, in whose reigns those acts were made, never 
C( nceived, that the settling, erecting, or abolishing 
courts, by acts of the legislature, had any tendency to 
destroy or in the least to dimiriish their just and legal 
prerogatives. — It was the method in use here, both be- 
fore aiid since the i evolution, and paiticulaiJy recom- 



History of New-York. 387 

iiien^led to the assembly to be done in that manner, by 
a messa^^e from o;overnonr Slouirhter and council, on the 
1.5th day of April, 1691. He was the first i>"overni)UF 
since the revolution ; and the governours that since tliat 
ti:ne assented to those acts, we suppose, never in the 
least imagined, they were giving up the prerogative of 
their masters' when they gave that assent ; nor did we 
ever learn that they were censured for doing so. — -On 
the contrary, the constant instructions, that have from 
time to time been given to the governours of this pro- 
vince, seem clearly to point out the doing of it, by acts 
of the legislature, and not otherwise, as may be gather- 
ed from the instruction, for the erecting of a court foi' 
the determining of small causes, by which tliere are po- 
sitive directions given to the governours to recommend 
it to the assembly, that a law should be passed for that 
purpose ; but notwithstanding these directions, given in 
direct and express terms, the governours never would 
apply for such an act, but erected that court by an or- 
dirjance of themselves and council, as they did the 
court of chancery, which had before that time been 
erected by acts of the legislature in another manner. — 
They could not be ignorant, v.hat dissatisfaction the 
erecting of a court of chancery, in that manner, gave the 
generality of the people. — This was very manifest by 
the resolves of the general assembly, at the time of its 
first being so erected, and often since, declaring the il- 
legality of such a proceeding. And thougii these re- 
solves have been, as often as made, treated by the go- 
vernours with an unreasonable disregard and contempt 
of them, yet to men of prudence, they might have been 
efFectua], to have made them decline persisting in a 
procedure so illegal, and so generally dissatisfactory : 



388 History of New- York, 

and which (as they managed it) proved of no use to the 
publick or benefit to themselves. For as few of them 
had talents equal to the task of a chancellor, w hich they 
had undertaken to perform^ so it was executed accord- 
ingly. Some of them being willing to hold such a 
court, others not, according as they happened to be in- 
fluenced by those about them. So that were it really 
established in the most legal manner (as it was not) yet 
being in the hands of a person not compellable to do his 
duty, it was so managed, that the extraordinary delays 
and fruitless expense atten(Ung it, rendered it not only 
useless, but a grievance to the inhabitants, especially 
those who wej'e so unfortiurate as to be concerned in it : 
w hich we hope you think with us, that it is high time 
should be redressed. 

" Your honour well knows, that the establishing that 
court, in the manner it has been done, has been a sub- 
ject of contention, between the governours and the as- 
sembly : and since it is confessed by all, that the esta- 
blishing both of that, and other courts, by act of the 
legislature, is indisputably legal, and gives them the 
most uncontrovertible authority ; and if unquestionably 
legal, what is so, cannot be destructive of his majesty's 
prerogative.-T-We therefore hope, you will make no 
scruple of assenting to this bilb to put an end to a con- 
tention, that has not been, nor will be, while it contin- 
ues, benelicial to his majesty's service." 

From this time, the chancery has been unattacked by 
the assembly, but the business transacted in it is very 
inconsiderable. A court of equity is absolutely neces- 
sary, for the due administration of justice ; but whether 
private property ouaht'to be in the hands of the gover- 



. History of New-York, 389 

nours, I leave others to determine.* As the publick 
business of the colony increases, few of them, J believe 
will be ambitious of the chancellor's office, as they have 
not the assistance of a master of the roils. Tiie pre- 
sent officers of this court (which is always held in the 
council chamber at the fort) are, his excellency sir 
Charles Hardy, knt. chancellor, two masters, two clerks, 
one examiner, a register, and a serjeant at arms, and 
not one of them has a salary. In our proceedings we 
copy after the chancery in England, and indeed in all 
our courts, the practice at home is more nearly imita- 
ted in this and New-.Tersey, than in any other province 
upon the continent. Few of our assemblies have been 
capable to concert any new regulations of this kind ; 
and hence the lawyers have had recourse to the English 
customs and forms, which they have generally adopted. 
While the New-England colonies, through the superior 
education of their representatives, have introduced num- 
berless innovations, peculiar to themselves ; the laws 
of our mother country have gradually obtained here, 
and, in this respect, the publick has perhaps received 
advantages, even from the ignorance of our ancestors. 

* Some are of opinion that tlie goveraoiir's jurisdictioo in this, mil 
the spiritual, or prero.sative courf, are incompatibh'. 



I 



CONTINUATION 



OF THE 



HISTORY OF NEW-YOUK, 



CONTIMUATIOM 

OF THE 

HlSTOIiY OF HEW-YOJRK. 

PART VII. 

From the year 1732 to the year 1736, inclvSng the 
whole period of Governour Cosby'' s Administration, 



^ I, Cosby's popularity. S TI. Meeting of the assemblf. § III. Wig 
tax, and garrison at Oswego. § IV. Other taxes voted, and pro- 
ceedings of the assembly. § V. Adjournment, and secorid meetinj^. 
§ VI. Court of equity. § VII. (Quakers. § VIII. Agent at the 
court of Great Britain^ § IX. Zenger's papers censured. $ X. 
Jealousy of Great Britain on account of the colonial trade. 5 XI. 
Further taxes voted. § XII. Assep'bly pray to be dissolved. 
5 XIII. Measures of the governour become odious. § XIV. Rip 
Van Dam suspended from the council, § XV. JDeath and character 
of Cosby» 



X HE administration 5f governour CoSby commenced 
under very favourable auspices. The attempts which 
had been made in the British parliament the preceding 
year for the encouragement of the sugar colonies,* and 
the consequent depression of the American trade, had 
excited general apprehension in th6 colony of New» 
York for tlie safety of her commerce. Governour 
Cosby, while in England, had been very active in hie 
opposition to these measures. The bill after a Yiolent 

* See Qotesfe 

.50 



394 History of New-York. 

struggle had passed the house of commons, but was re- 
j( ( ted in the house of lords, INo j-erson could have 
been selected, therefore, for the government of New- 
York, who >Aould have been more popular than go- 
Fernour Cosby. On his arrival he issued his proclama- 
tion adjourning the assembly to the 19th of August, 
1732. The members of the council couL-isted, at this 
lime, of Mr. Van Dam, (the former president of tlie 
colony) Messrs. Clarke, Harrison, Alexander, Van 
Home, Horsmanden, Kennedy, De Lancey, Courtlandt, 
and Lane. 

^ n. The assembly having met, according to the gover- 
nour's proclamation, immediately voted that an address 
should be presented to his excellency, congratulating 
litn on his safe arrival, and to return him the thanks of 
ihe house for his opposition, while in England, to the 
attempts in favour of the sugar islands. This vote was 
in accordance with the measures which had been adopt- 
ed by the assembly at its session in the September pre- 
ceding. At that time they had unanimously declared 
their repugnance to tikis injurious project. They had 
pronoun( ed the bill, then pending in parliament, " for 
the better securing and encouraging the trade of his 
majesty's sugar islands in America," io be highly de- 
irimental to ail ihe British nortliern colonies in general, 
and in particular to New- York : that it would deprive; 
iUiem of the means of vending the produce of the colo- 
ny, djminish its navigation, subject it to unreasonable 
liardshlps, and, in the end, disable it from consuming 
such large quantities of British nianufacture.s as were 
annually imported into it. 'J he president. Van Dasn, 
had beeji earnestly requested to remonstrate to his ma- 
jesty, his ministers of state, and the lords for trade and 



tlistori/ of NeW'Torh 3^5 

plantations, against the proposed measure,. Its failure, 
therefore, was extremely agreeable to the colony. Go<* 
vernour Cosby was flattered with the vote of the as-^ 
sembly, and in his answer took no little credit upon 
himself for havin^^- contributed towards the defeat .>f 
the bill before parliarnsnt. He likewise plainly iiui.- 
mated to the house his confidence in receiving from it 
a revenue in as full and ample a manner as had been 
granted by former assemblies, and requested its atten- 
tion to the garrison at Oswego, representing tiie place 
to be in a ruinous condition, and its importance in se- 
curing and maintaining the Indian trade. The assem- 
bly, in its answer to the governour, was, as U35u il, pro» 
fuse in terms of respect, but cautious in committing it- 
self as to revenue or money matters. It assured the 
governour of its disposition to concur in the measures 
recommended, so far as the circumstances of the colony 
would reasonably allow ; that it would concur in any 
new law for the encouragement of trade, tlje protection " 
of religion, and the preservation of the just rights and 
liberties of the colony. The governour expected some- 
thing more explicit. Tie took occasion in his reply to 
inform the assembly that he expected that it would 
comply with what he hud demanded for the support of 
his government. This language from the governours 
of the colony was not uncosniiion. Representing the 
majesty of England, their speeches were usually mark- 
ed with the sasTie spirit that characterized addresses 
from the throne. The house of assemhly was viewed 
by them in the same light as the house of comaions was 
viewed by the crown in England. Demands for supplies 
were frequently answered by murmurs and complaints. 
Tills colony, however, had jimch reason to complain of 



396 History of New-York. 

its heavy burthens. The wars between Prance and 
England had almost drained its resources, and subject- 
ed it to a heavy debt. 

^ III, The first measure adopted by the assembly was 
to order bills to be brought in to regulate the excises 
to settle a revenue on the governour, and to regulate 
the militia. The treasurer of the colony having been 
directed to make a report to the house of certain ac- 
counts, stated the following receipts into the treasury 
since his last report, to wit : nine pounds seventeen 
shillings and five pence, on account of the tax on wigs; 
one thousand and twelve pounds six shillings and six 
pence on account of the excise, twenty-five pounds on 
account of licenses to hawkers and pedlars. The tax 
on wigs was undoubtedly a wise a.nd prudent measure. 
A custom had about this time been introduced for 
young men, and even boys, to conceal their own hair 
under large and spacious wigs. To repress a custom 
so absurd or to make it a subject of revenue, had been 
the object of the legislnture. The house next directed 
enquiries to be made as to the state of the garrison at 
Oswego. The result was that that fort had formerly 
been victualled by Harmanus Wendell, who had been 
employed for the purpose, and that captain Jacob Glen, 
had, by direction and in behalf of captains John De 
Peyster, John Schuyler, and John Jurriancast under- 
taken to victual his majesty's troops at Oswego^ 
and to perform certain other services there, for three 
years, at the rate of 456/. per annum. The next 
subject which came before the house claimed an 
unusual share of its attention. It was represented that 
many of the fees exacted from the people by publick 
officers, and by the practitioners of the law, were very 



History of New-York. 397 

exorbitant and unwarrantable : That iinrlcr cob^ur of 
law the greatest abuses had been coininitled ; and a 
nuinber of cases were mentioned in whicli parties had 
been ruined by the heavy expenses of litigation ; and 
likewise some gross instances of fraud and corruption 
were stated to the house. The assembly appointed a 
committee to settle and regulate the fees, and, unwilling 
to oftend the governour, it soon directed its attention 
to the ways and means necessary for raising a revenue. 

u IV. The house voted a tax or duty upon negro slaves, 
wines, shrub, spirits, molasses, cocoa, and dry goods im- 
ported into the colony ; but ordered that the monies be 
paid directly to the treasurer of the colony. If voted 
large supplies for the support of the garrison at Oswego, 
and imposed a tax upon persons trading with the Indians. 
Having tlius satisfied the demands of the governour, tlie 
house proceeded to other subjects connected with the 
prosperity of the colony, the promotion of trade and 
ao:riculture, and the cultivation of literature. Bills 
were brought in, and passed, for regulating and laying 
out roads in Kings, Orange, Ulster, Westchester, and 
some other counties ; for preventing the destruction of 
sheep by dogs and wolves ; for the relief of imprisoned 
debtors, and punishment of felons ; for building ccjurt 
houses and gaols ; for preventing desertion in the ar- 
my ; for encouraging a publick school to teach Latin, 
Greek, and the mathematicks ; for discharging the seve- 
ral demands upon the trading house at Oswego, and for 
confirming to the city of New-York its rights and pri- 
vileges. The house likewise fixed the salary of the 
governour at 1560/. per annum ; of the chief justice at 
3)0/. and the second justice at 150/. It voted 600/, 
for the garrison at New- York ; 230/. for the garrison 



398 History of New-York. 

and commissioners of Indian affairs at Albany ; and 
certain other sums for the support of some of the offi- 
cers of government. It declared also that a fort ought to 
be built at Albany ; that some fortifications were neces- 
sary in Suffolk county, and that the city of New- York 
ought to be bt^tter fortified. It requested the gover- 
nour, when he should go to Albany, to cause a plan to 
be made of the fort necessary there to be built, and an 
estimate of the expense to be laid before the house. 
Samuel Baker, George Straatfield, Samuel Starke, 
Richard Janeway, Joseph Low, and Rodrigo Pacheco^, 
reputable merchants, in London, were autliorized by 
the house to appoint an agent for the colony at the 
court of Great Britain, with a salary of 200/. and hav- 
ing directed 1000?. to be paid to the governour in 
grateful acknowledgment of the vigilant and generous 
assistance which he and his relations and friends had 
afforded in resisting the bill in parliament relative to 
the sugar colonies, it expressed a wish to the governour 
to be dissolved. The governour, after giving his as- 
sent to twenty-two bills, recommended an adjournment. 
^ y. The assembly accordingly adjourned itself to the 
second Tuesday of April, 1733 ; and the governour, 
by several proclamations, adjourned it farther to tlie 
15Jh October, in the same year. On that day the house 
again met, and the governour, in a short address, told 
it that the barracks at New- York were in want of 
repair, and recommended the house to provide for the 
expense. The assembly, however, was not disposed 
to subject the colony to any additional burthens ; and 
it resolved that the consideration of repairing the tmr- 
ra( ks in fort George, at New-York, be postponed to 
the next session. During tiiis part of the session but 



History of Nen-York* 399 

few matters were laid before, or acted u])oii, by the 
bouse. Only eight bills were passed into laws. The 
inost important subject which claimed ttie attention of 
the house, was a petition of forty-eight Indian traders, 
complaining of some irregularities at Oswego, and pray- 
ing legislative interference. The house, upon investi- 
S^ation, found the complaints to be true, and requested 
the governour to appoint David A. Schuyler, or in 
case of his death, or refusal to act, such other person 
as should understand the Indian trade and language, to 
be commissary at Oswego. The assembly now adjourn- 
ed, and did not again meet till April 25, 1734. Ttie 
governour then opened the session by a formal 
speech. He complained in it, of the decay of trades 
ascribing it principally to the inhabitants of the island 
of Bermuda, who had become the common carriers of 
the colony, and thereby discouraged ship building. He 
stated that flour, our staple commodity, had lost 
its reputation for the want of proper and strict inspec- 
tion laws. He recommended the laying a duty of ton- 
nage on foreign bottoms, and the passage of inspectioi> 
laws. He urged the house to provide for the further de-^ 
fence of the cities of New-York and Aibany,and of the 
town of Schenectady. He suggested the expediency of 
imposing a duty on h-gal proceedings and papers, and 
of discouraging the importation of negroes. He re- 
commended the sendii^g of smiths and artificers among 
the Indians to mend their arms. He stated the insi' 
dious efforts which had been making by the French to 
alienate the affections of the Indians from the British, 
and the importance of preserving the friendship of the 
Six Nations. The house returned a very civil answer 
to the governour, filled with assurances of loyally and 



400 History of New-York. 

ze al for llie king and country ; and imnriediately after 
took into consideration the subjects submitted to it. A 
duty of tonnage on vessels noi built witliin tlie colony, 
or wholly owned by any of its inhabitants, or by s^ub- 
jects of Great Britain, was voted, and a bill directed to 
be prepared for the purpose ; as also a bill to prevent 
the exportation of unmerchantal)le flour. Colonel Phi- 
lip Schuyler, a very influential gentleman, and well ac- 
quainted with the aflairs of the colony, was employed 
to be sent among the Seneca Indians to secure their 
friendship ; and the sum of four hundred and ten pounds 
was voted for this service. A bill for fortifying Alba- 
ny and Schenectady was brought in and passed. Esti- 
mates were submitted to the house of the expenses of 
the proposed fortifications at New-York, Albany and 
Schenectady, amounting to 17,551/. 135. Id. The trea- 
surer was directed to report a state of the treasury, by 
which it appeared that but 1741/. 16^. 5d. ^, were in 
his hands ; arising principally from the wig tax, the 
excise, and duty imposed on licenses of hawkers and 
pedlers. Complaints were again made of the exhorbi- 
tant fees received by the lawyers and oflficers of go- 
vernment. The bakers in New- York, likewise, com- 
plained of the cpiantities of bread imported into the 
province from the neighbouring colonies, and prayed 
that a duty be laid on such imported bread. 

6 VI. But the most important question which was 
agitated, and which, for many years before, had excit- 
ed great sensation throughout the colony, was the esta- 
blishment of a court of equity. The court party had 
insisted that the governour was, ex officio, chancellor of 
the colony ; while the popular party had warmly op- 
posed this position, and denied that such a court couM 



History of New- York, 401 

exist, unless by prescription or by act of parliament. 
Thp iiouse directed counsel to be heard on this inter- 
esting suliject. Mr. Smith, a lawyer of great reputa- 
tion, spoke three hours before the house, against the 
claims of the court party. He denied that the crown 
could by any grant, commission or letters patent, erect 
a court of cliancery : that he had examined the subject 
with attention, and that the conclusion he had drawn 
was founded upon precedent and principle. Mr. Mur- 
ray, a lawyer of undoubted talents, debated the ques- 
tion on the other side. He maintained, with great abil- 
ity and ingenuity, that the courts of chancery, the 
king's bench, common pleas, and exchequer, were, by 
the laws of England, of original jurisdiction, and as an- 
cient as the kingdom itself. He insisted that this colo- 
ny was entitled to the same privileges and rights, and 
consequently, to the same courts. The discussion was so 
ably supported on each side, that the house did not come 
to any resolution on the question. The governour him- 
self had no doubt of his right to act as chancellor, for he 
had two years before (March, 1732) taken the oaths, as 
such, before the council. At the same time, James De 
Lancey was sworn in as chief justice, in place of Lewis 
Morris, and Frederick Philipse was sworn in as second 
justice. The arguments of Messrs. Smith and Murray 
were afterwards published at the expense of the 
colony. 

^ Vn. At this session the quakers received an in- 
dulgence, for which they had been struggling for some 
years. Some of them had been refused their votes by 
the sheriff of Westchester, at an election for represen- 
tatives, because they would not take the oaths required 

51 



402 History of New-York. 

by law. They complained to the goveinour and conn- 
cil, who referred the question to the attorney general. 
1 he house took up the subject^ and passed an act, 
granting to the people called quakers, residing in the 
colony, the same rigiits and privilei;es as were enjoyed 
in England by people of that denoiriination. 

The accounts from Europe having favoured the 
opinion of an approaching rupture between France and 
England, the assembly, with a zeal which was highly 
agreeable to the governoiu', determined to place the 
colony in a better posture of defence. 6000/. were 
vuted towards fortifying IN'ew- York ; 4000/. for build- 
ing a stone fort, &c. in Albany ; 800/. for erecting a 
fort of beams, on a stone foundation, &c, in Schenecta- 
dy ; 500/. for messengers and presents &c. to the Sene- 
ca Indians; and 200/. for the security of Suffolk coun- 
ty. Mr. De Lancey, a member from New-York, 
whose wealth and influence were extensive, brought in a 
bill for the frequent meeting and calling of the general 
assembly. The bill, whicli was very popular, was pass- 
ed, and sent to the governour and council for concur- 
rence ; but it there received amendments, which were 
calculated to defeat the objects of the bill, and was not 
returned to the assembly till some time after. The 
governour saw in it the same spirit which prevailed in 
the time of the unfortunate Charles I. and that it was 
an encroachment upon that prerogative, with which 
kings and governours never parted, but with reluc- 
tance. The assembly, however, took no notice of this 
tieatment of one of their favourite measures, and, the 
harvest approaching, resolved upon an adjournment. 
During ttie two preceding years of governour Cosby's 



History of New-York. 403 

administration, several measures were adopted in coun- 
cil, whicli marked the character of the times. Reports 
having been circulated that the governour intended to 
take the Dutch church, in New-V^ork, for the use of the 
government, induced the council to offer a reward of 
100/. for the discovery of the slanderer. A singular 
complaint was also made against the corporation of Al- 
bany, for having attempted a fraud upon the In iians.* 
An anonymous letter having been sent to James Alex- 
ander, esq. one of the governour's council, threatening 
him and his family with destruction, produced a 
proclamation, offering a reward of 50/. for the ap- 
prehension of the offender. In November, 1732, the 
council had directed Rip Van Dam, esq. the former 
president of the colony, to be prosecuted for certain 
monies he had received while president. 

^ VIII. The appointment of an agent at the court of 
Great Britain, had always been a subject deeply inter- 
esting to the assembly, but the governour and council, 
as the executive branch, conceiving themselves entitled 
to instruct such agent, from tiine to time, as to his pro- 
ceedings in England, created a jeahjusy on the part of 
the assembly, that its conduct and views were not fairly 
represented to his majesty, Mr. Morris moved for 
leave to bring in a bill for appointing an agent at the 
court of Great Britain, hidependent of the governour. 
He urged the necessity of the measure to the culony, as 
tending to maintain a good correspondence between it 
and the mother country : that frequently bills of the 
last importance had received the royal veto, without be- 
ing correctly understood, or duly appreciated: tuat 

* See note A. 



404 History of New-York. 

the commercial and agricultural concerns of the colony 
were not properly or sufficiently represented to his 
majesty or his ministers : that insinuations had gone 
abroad unfavourable to the loyalty of the assembly, 
and it was the duty of the house to remove the impres- 
sion. The bill, however, was not brought in by Mr. 
Morris till the October session following. 

^ IX. During the recess of the legislature, certain 
publications had appeared in a paper, called Zenger's 
New-York Weeldy Journal, which contained severe 
animadversions on the government. This paper was 
supposed to be published under the patronage of Mr. 
Van Dam, and was, of course, decidedly hostile to the 
court. The New- York Gazette, printed by William 
Bradford, was in the interest of the court ; and these 
two were the only papers printed in the colony at this 
time. Several printed ballads had likewise appeared, 
which placed some of the members of the legislature, 
and others, in a ludicrous point of view, insomuch 
that the governour and council considered the sub- 
ject worthy of notice. They voted, that Zenger's 
papers Nos. 7, 47, 48, 49, and two printed bal- 
lads, were derogatory to the dignity of his majes- 
ty's government ; that they contained reflections up- 
on the legislature, and the most distinguished persons in 
the colony, and tended to raise sedition and tumult. 
They likewise voted that the said papers and ballads 
should be burnt by the common hangman ; and at the 
opening of the next meeting of the assembly, in Octo- 
ber, 1734, requested the house to join in addressing the 
governour to offer a reward for the discovery of the 
authors or writers of these seditious libels. The as- 



IHslory of Nin-York. 40£» 

sembly passed over the application in silence. Some 
of its most active members were supposed to have fa- 
voured these attacks, if not to have written the papers 
in question. The governour and council took um- 
brage at tliis unwillingness of the house ; and shortly 
after requested it to return to the council the papers 
containing the offensive publications. The house, witli 
much sangfroid, ordered the clerk to produce the pa- 
pers, and the speaker returned them to the council. 
The attorney general afterwards filed an information 
against Zenger for these libels, upon wltich he was ac- 
quitted, after having laid in prison eight months. His 
acquittal was generally satisfactory. The common 
council of New-York, for " his learned and generous 
defence of the rights of mankind and the liberty 
of the press," presented Mr. Andrew Hamilton, 
one of Zenger's counsel, with the freedom of the 
city, and their thanks for his distinguished services on 
this occasion. The freedom of the city was presented 
in a gold box weighing five and an half ounces. On 
the lid of the box was engraved the arms of the city, 
with this motto, " Demersoi leges-tint ef acta libcrias-hcEc 
tandem emergtmt''' On the lid within, " Non nummis — 
virlute paraturJ" Round the box, a part of Tully's 
wish, " Ita cuiquc eveniat, ut eh respuhlica incruit.'^^^ 

X. The British ministry had long foreseen the im- 
portance of the colonies to the empire, in furnishing 
stores for the support of its navy. Nevertheless they 
did not wish to encourage a colonial trade, which might 
prejudice the extensive commerce of the English mer- 
chants. The lords commissioners for trade and planta- 

^ For ?ome interestins maUer in relation to Zeoser, see note B. 



4£K(i History of New- York, 

tions, not sufficiently acquainted with the nature of the 
colonial trade, requested the governour, by letter, dat- 
ed May 30, 1731, to transmit his opinion what further 
encouragement might be given to induce the colonists 
to apply their attention to the cultivation of naval 
stores of all kinds ; but cautiously added, so as not 
" to interfere with the trade or product of Great Sri- 
tain." The jealousy of the British govern iient, even 
at tliis early day, was apparent. Tliey could not brook 
a rivalship in commerce, and however important tiie 
trade of the colonies was to the mother country, it 
was to be merely tributary to her prosperity and splen- 
dour. The governour laid the letter before the house 
at its October session, which, after gravely resolving to 
take the subject into consideration, returned tlie origin- 
al letter to the governour, and took no further order 
upon it. 

^ XL The assembly now resolved itself into a com- 
mittee of wfii/s and meansy towards fortifying the colo- 
ny. A duty of a shilling on every pound of tea, and 
every barrel of cider ; three shillings on every barrel 
of pork ; two shillings on every banel of beef, import- 
ed into the colony, was voted by the house. An annual 
tax of one shilling was also imposed on every slave 
throughout the colony. Twelve thousand pounds, in 
bills of credit, were ordered to be issued, redeemable 
out of the before mentioned duties, when collected, and 
which fund was made chargeable therewith. A bill, for 
further regulating the militia, was brought in and pass- 
ed. A bill for the frequent electing and calling the 
general assembly, was passed by the house, but the 
governour and council having clogged it with amend- 
ments unfriendly to the principle of the bill, and refus- 



Mistory oj New- York. 407 

ing to recede, the bill was lost. The bill, broiight in 
by Mr. Morris, to appoint an agent at the ccturt of 
Great Britain, independent of the govemour, shared 
tl)e same fate. Notwithstanding the hostility of the 
court party to any measure which appeared to be cal- 
culated for the public good, yet the house, with a zeal 
and patriotism highly honourable to it, adopted every 
measure suggested for the defence of the colony, and 
w illingly imposed heavy burthens on its constituents to 
promote this object. 

^ XII. J\(»r culd it be justly chargeable with a de* 
sire to continue its authority. It earnestly prayed the 
governour to be dissolved so as to enable its constitu- 
ents to signify, by the elective franchise, their opinion 
of the measures it had pursued. But the governour 
too well knew the value of the present assembly. He 
had seen that that body had not refused, under any cir- 
cumstances, however mortifying, to give its aid to the 
desires of the British ministry, in providing for the de- 
fence of the colony. He feared, likewise, that the peo- 
ple were not disposed to increase their burthens to grat- 
ify the ambition of kings and ministers, nor were even 
willing to submit, with patience, to the present system of 
taxation, which they apprehended was becoming daily 
more gigantic and oppressive. He told the house, 
that it was the undoubted prerogative of the crown to 
adjourn, prorogue, or dissolve the assembly. That he, 
being entrusted by his majesty with that power, would 
exercise it only as he should find it conducive to his 
majesty's service^ and the benefit of the colony, and 
added, " which I cannot apprehend it to be at this 
time." The assembly, therefore? by the Qonsent of the 
governour, adjourned itself. 



40i» History of IScw- lork. 

^ XIII. The measures of the governour were daily 
becoming more odious. A strong party was form- 
ing to excite the people to opposition. Lampoons 
and ballads were published, shewing the evil ten- 
dency of preserving, for so many years, the same body 
of men in the assembly, without permitting the people 
to express their opinions by an election. That the 
lieavy burthens laid upon the colony were to pamper 
the great and wealthy, at the expense of the agricultu- 
ral and commercial part of the community. That 
trade was languishing, and in proportion as commerce 
decreased, taxes were increasing. Meanwhile, the 
governour and council were content in being censured 
by the people, provided they could influence the assem^ 
bly to be subservient to the views of government. Tlie 
liberal supplies that had been granted, were sufficient 
to gratify the wishes of the governour, and he suffer- 
ed the assembly to remain without being again called 
for near a twelve month. But the difficulties in Europe 
and the Indian affairs at home, became too urgent for 
further delay. The governour was importuned to con- 
vene the legislature. He had, during the last twelve 
month, been personally present at conferences with the 
Six Nations of Indians, at Albany, to renew the cove- 
nant chain. He had likewise caused the garrison at 
Oswego to be well supplied, and he laid before the 
house, which met in October, 1735, the information 
he had received, and requested the assembly to take 
these matters into consideration, and to provide for the 
further encouragement of trade. A complaint was 
made to the house, by the proprietors of land taken out 
of Connecticut, that a bill had been preferred to the 
governour, as chancellor, to vacate a patent issued un- 



History of New- York. 409 

der the seal of the colony, for fifty thousand acres of land. 
Tiiis complaint was referred to the committee of grie- 
vances. Mr. Garretson, a member from Kind's coun- 
ty, and chairman of that committee, reported, that a 
court of chancery, within this colony, in the hands or 
under the exercise of a governour, without consent in 
general assembly, was contrary to law, unwarrantable 
and of dangerous consequence to the liberties and pro- 
perty of the people. An animated discussion again ensu- 
ed. The printed arguments of Messrs. Smith and Murray, 
on tlie same subject, were resorted to ; but the house at 
length concurred with the committee in their report. 
Mr. Van Home, a member from New-York, presented 
a petition from a great nmnber of the inhabitants of the 
city of New-York, praying that the house might re- 
quest the governour to cause it to be dissolved. The peti- 
tioners remonstrated against the long continuance of the 
same members in power. That this was a serious grie- 
vance to the colony : Tliat frequent elections were 
valuable to a free people, and that this privilege ought 
not to be yielded. Tlie house unanimously voted that 
it was their desire to be dissolved, and sent a copy of 
the vote and of the petition to the governour. A simi- 
lar petition from some of the inhabitants of Queen's 
county, ascribing the decay of trade, and the lessening 
of the value of lands, to the long continuance of the 
assembly, was voted to be an unjust and audaci<5us 
charge, highly reflecting on the house. The governour 
refused to dissolve the assembly, and told the house 
that it OTight to make provision for the deficiency which 
appeared in the treasurer's report^ and that this was due 
to the honour of the house* The assembly, notwithstand- 
ing this demand of ttje governour, deemed the present 

^2 



410 History of New-York. 

time unfit to make the necessary provision, and, by the 
goTernour's assent, adjourned to the last Tuesday of 
March, 1736. 

^ XIV. Among the last acts of governour Cosby, 
was his declaring Rip Van Dam, esq. suspended from 
his seat as counsellor of the province. Van Dam was 
senior counsellor, and as such, upon tlie governour's 
demise, would again have succeeded to the government 
as president of the colony. To prevent this, Cosby 
convened the council in his bed chamber, and declared 
Van Dam to be suspended. No reason was given for 
this act at the time. It is probable that Cosby's partial- 
ity to George Clarke, the counsellor next in seniority to 
Van Dam, and the controversy between the council 
and Van Dam, in respect to certain monies he had be- 
fore received, while president, produced this violent and 
extraordinary measure, the effects of which were expe- 
rienced even in the succeeding administration. 

^ XV. Governour Cosby died on the 7th March, 
1735-6. 

Tims ended an administration in which there was 
something to admire and much to condemn. In re- 
viewing the character of Cosby, we cannot but perceive 
his decided hostility to the elective franchise, and his 
utter contempt for the opinions of the people. No 
«Covernour commenced an administration with better 
^^^ nects, and greater popularity. Vet none endea- 
voured iC^^ ^^ retain the confidence and respect of the 
r>eoDle than iJ^^^^^f- ^^ continued an assembly for six 
vears- resisting e\'>r*T effort which was made for another 
election, and refusing iO assent to a bill for the frequent 
electing and calling of tnc legislature, without such 
amendments as would defeat tlie G-bject intended. W ith 



Hislory of New-YorJcy 411 

liigli opinions of prerogative and decided hostility to free 
and equal legislation, he became at length odious to the 
colony, and even many of his best friends had deserted 
him. Yet at the same time, it must be acknowledged, 
he possessed many good and amiable qualities. He 
was affable and courteous in his deportment; honest and 
sincere in all his private transactions. Though not pos- 
sessed of talents, either splendid or great, yet he was 
attentive to the concerns of the colony, and to the fair 
and impartial achninistration of justice within it. 



HISTOHY OF MEW-YORK. 



PART VIII. 

From the year 1736 to the year 1738, inclusive....Inclmh 
iiig part of Lieut. Governour darkens Administralion. 



5 I Georo;e Clarke declared president, and Rip Vao Dam's opposition- 
§ II. Van Dam declares himself president ; the assembly convened; 
Clarke appointed lieutenant governour. § III. Proceedings of the 
assembly, and its dissolution. § IV. New elections for members- 
§ V. Session opened. § VI. Assembly address the lieutenant go- 
vernour. § VII. Features of the address. VIII. Contested elec- 
tions ; vote relating to the Jews. § IX. Taxes voted. § X. Ad- 
journment, prorogation, and second meeting. § XI. Rupture between 
the legislature and the lieutenant governour ; dissolution of the 
house. 



Upon the death of governour Cosby, the council 
were immediately convened. The question was pro- 
posed whether George Clarke, the senior counselloj-, 
next after Rip Van Dam, should be considered presi- 
dent of the colony. Every member, with the excep- 
tion of James Alexander, esq. voted in the affirmative. 
Mr. Clarke w^as accordingly declared president, and took 
upon himself the administration of the government. 
A powerful party, however, had been formed in favour 
of Mr. Van Dam. His suspension from the council, 
by governour Cosby, was declared to be arbitrary and 
illegal : That the instructions from the crown did not 
authorize such a violent proceeding : That Mr, Van 



414 * Hislorj/ of New-YorL 

Dam should have been summoned, previous to hi^ sus- 
pension, in order to defend himself against any cliargea 
that might have been preferred against him. There 
^vas undoubtedly much weight in the reasoning adopted 
by the friends and adherents of Mr. Yati Dam. Justice 
required that the charges against him should have been 
fairly investigated before he was dismissed. Mr. Clarke 
directed the council to be convened. He laid before 
it a part of his majesty's instructions, which related to 
the power of suspension. By these it appeared thai 
the governour possessed the power to suspend any 
counsellor who hfid wilfully and unreasonably absented 
himself from its meetings, and should persist therein, af- 
ter being admonished to the contrary. But yet it did 
not appear that the late governour had proceeded on that 
ground. He had declared to the council that the rea- 
sons which induced him to suspend Mr. Yan Dam, 
would in due season be laid before his majesty, but Mr. 
Van Dam's absence from the council was not even sug- 
gested to be one of them. Indeed, so long as Mn 
Van Dam remained in the colony he could hardly be 
adjudged guilty of wilfully and unreasonably absenting 
himself from the council, till he was requested to shew 
cause for such absence, and was heard in his defence. 
Nor was a suspension merely to be considered as a to- 
tal exclusion, until the king's approbation was obtained. 
But the council were opposed to the views of Mr. Van 
Dam. They voted that provision should be made 
against any riots or disturbance tliat might ensue. Or- 
ders were issued, forbidding any person recognizing the 
pretensions of Mr. Van Dam. A large quantity of 
gunpowder was directed to be procured and to be plac- 
ed in the fort for its defence. 



History of Ncrv-Yor'k. 415 

^ II, Mr. Yan Dam, however, was riot deterred 
by the menacing attitude of aflairs ; he proceeded 
to call the council, and assiuned the title of command- 
er in chief and president of the colony. He appoint- 
ed several of the charter officers of the city of New- 
York,* and was about to exercise other powers, 
incident to the office he assumed. Mr. Clarke, by the 
advice of the council, all of whom, except Mr. Alex- 
ander, had adhered to his authority, thought proper to 
convene the assembly. That body accordingly met on 
the 13th October, 1736. Mr. Clarke opened the session 
by a speech. He told the house that unhappy divisions 
had arisen in the colony, and strongly recommended 
the legislature to provide for the defence, the safety and 
prosperity of the colony. He directed its attention to 
the deficiencies in the revenue, and to the importance 
of promoting ship building. He wished the house to 
provide for the finishing of the fortifications already set 
on foot, and particularly Fort Hunter, which he repre- 
sented to be in a ruinous condition, and the house at 
Oswego, which was in want of repairs. He stated that 
persons ought to be sent to the Seneca Indians, to se- 
cure their fidelity, and to make them suitable presents* 
He entreated the house to be moderate in its debates, 
and to make things of a private or inferiour nature to 
yield to those of a publick and important description. 
The house, without any difficulty, recognized Mr. 
Clarke as president of the colony. It is probable that 
this acquiescence was produced by accounts from Eng- 
land, stating that Mr. Clarke would be appointed 
lieutenant governour ; for, on the SOIh of thp same 



S c 



ee note B. 



416 Huluii) uj New- York. 

inonlh of October, his commission, dated on the 30th 
of Jul y ])recedinii;, was received and published with the 
solemnities common to the occasion. This event put 
an end to the claims of Mr. Van Dam to the adminis- 
tration of the government. 

^ III. Few matters of moment were acted upon by 
the house at this session. A complimentary address 
was voted to the king, on the marriage of the prince of 
Wales, with the princess of Saxe-Gotha. Col. Morris 
again introduced a bill for the better regulating the elec- 
tions of members to serve in the general assembly, with 
the additional clause of preventing any member from 
accepting any office of profit after his election. This 
bill met with violent opposition. The disabling clause 
was particularly obnoxious to some of the members who 
held offices under the crown, and to others who were 
expectants of office. LTpon a motion made to commit 
the bill, a majority voted in the negative, and the bill 
was rejected. Colonel Morris, with a perseverance 
highly honourable to his character and views, immedi- 
ately moved for leave to bring in another bill for regu- 
lating the election of members to serve in the general 
assembly. The house then proceeded to examine the 
state of the treasury. By the treasurer's accounts it 
appeared that warrants on the treasury for the sum of 
8697/. 135. 8d. remained unpaid. Tiie house voted that 
it would raise Avays and means for supplying 6022/. 125. 
l^d. only, but expressly limited the revenue so to be 
raised to the specifick deficiencies reported to the house, 
^^o as to prevent any misapplication of it by the lieute- 
nant governour and council. This vote was so offensive 
to the lieutenant governour, that he immediately dis- 
solved the house. He told liie assembly that, it had 



History of New-York. 417 

violated its solemn promises to make good the deficien- 
cy in the revenue : That it had passed resolves highly 
derogatory to his majesty's honour and prerogative, arid 
that he would suffer the people to make another elec- 
tion. Thus an assembly, which had continued its ses- 
sions for nearly nine years, without any intermediate 
election, became dissolved. Its continuance so long is 
a strong evidence that a majority of that body had been 
devoted to the views and interests of the court. Taxa- 
tion had been lavishly imposed, laws for supporting the 
revenue, for building fortifications, and for making 
treaties with the Indians, had been almost constantly the 
subjects of their deliberation. Yet, during this period, 
many laws, for encouraging trade, promoting literature, 
establishing courts of justice, &c. were likewise passed. 
^ ly. The dissolution of this assembly was generally 
satisfactory^ to the colony. Few of its members were re- 
elected, and of those few, the greater number belonged 
to the popular party. The new elections for represen 
tatives now commenced. Great exertions were maifle, 
by the contending parties, for success. In the city of 
New- York, and which, indeed, gave a tone to all the oth- 
er elections in the colony, the popiilar party was tri- 
umphant. James Alexander, esq. who had so firmly 
adhered to Rip Van Dam, in his struggle for the presi- 
dency after the death of governour Cosby, was elected 
a member for that city. Colonel Lewis Morris, junior, 
so well known for his decided opposition to the court, 
was again sent a member from Westchester. 

^ V. The lieutenant governour determined to con- 
ceal his chagrin and regret at the result of this elec- 
tion, and to endeavour to gain of the assembly by com- 
plaisance and persuasion, what he knew could not be 

53 



418 History of New-York* 

accomplished by menaces or coercion. He opened the 
new session, on the 15th June, 1737, by complimenting 
the choice of members which the people had made, and 
telling the house that he was persuaded it came " with 
resolutions to answer the great ends of their election." 
He stated that the approacliing harvest forbade him 
from expecting much business now to be done, and that 
he would avail himself of that opportunity to meet the 
Six Nations of Indians at Albany, to renew the cove- 
nant chain, and to endeavour to prevail with the Seneca 
tribe to revoke the consent they had unadvisedly given 
to one John Coeur, a Frenchman, from Canada, to 
build a house in their territory, at Ticrondequat* He 
represented that place to be very iujportant, as it re- 
garded the fur trade, and that, if it were possessed by 
the French, it would enable them to intercept all the 
western fur in its way to Oswego. The house, in its 
answer, assured the governour that in its opinion the 
dissolution of the late assembly was necessary to iiis 
majesty's honour, and to the interest and {>rosperity (tf 
the cohmy ; and that the present assembly would so 
conduct itself as to give the people " no reason to re- 
pent of their choice." Colonel Morris immediately af- 
ter moved for, and obtained, leave to bring in bills to 
regulate the elections of the assembly, and providing 
likewise for frequent elections ; for settling and estab- 
lishing courts of justice ; for appointing an agent at the 
court of Great Britain, independent of the governour ; 
for lowering the interest of money, and for regulating 
and establishing fees. Mr. Alexander obtained like 

* Now in the county of Ontario, situated on the lake of that namC: 
and about sixty miles Irom Oswego. 



History of New-York. 419 

Jeave to brino; in bills to encourage the importation of 
white people and servants into the colony ; for encour- 
aii;ino; the making of iron, and raising of hemp ; and for 
guarding against abuses in the making and exportation 
of fi >ur. The assembly then adjourned, in order to 
enable the lieutenant governour to go to Albany for 
the purposes he had mentioned. On the 2d September 
ensuing, the house again met. The lieutenant gover- 
nour, in his speech, informed the assembly that he had 
been at Albany, and had sent an interpreter, a smith, 
and three other persons, to reside among the Senecas 
the ensuing year, to keep the Indians steady to their 
promise, not to suffer any Frenchman to build on their 
territory. He recommended the assembly to place the 
h use at Oswego, the barracks at Fort George and Fort 
Hunter, in a better state of repair ; and concluded by 
assuring the house that he would concur in any mea- 
sures necessary fertile safety and prosperity of the colo- 
ny. 

^ YI. The house, departing from its accustomed 
m )de of proceeding, instead of voting to take the lieu- 
tenant governour*s speech into consideration, voted 
*' t at his honour the lieutenant governour be address- 
ed." The members from New- York, Westchester, and 
Queens, were directed to prepare such address. Mr. 
Alexander then moved to bring in a bill vacating the 
seats of such members of the assembly as should accept 
of any office, gift, or grant from the governour or com- 
mander in chief. Five days after the commencement 
of the session, the address to tiie lieutenant governour 
was reported, and adopted witliout amendaient. This 
address is worthy of particular notice. It forms an era 
in the history of our legislation, which is highly impor- 



420 History of New-York. 

tant. Hitherto the crown and its ministers had been 
ignorant of the true sentiments of the people, and the 
firm and independent conduct of their representatives. 
The governours of the colony had not imfrequently led 
the ministry to believe that the assembly was a body of 
men ignorant of legislation, boisterous on some occa- 
sions, but easily soothed or fatigued into compliance. 
The government liad yet to learn that there were men 
in this colony, whose tirmness and patriotism would 
have done honour to the best days of Greece ' and 
Rome. 

^VII. The address is as remarkable for its style as 
for its matter. It commences with recognizing soine of 
the vital principles of a good government. It affirms 
that none ougVit to represent the people but those who 
are freely and fairly chosen by them. That elections 
ought to be frequent, that experience had shewn the 
danger of trusting the swue men too long with power : 
That the history of Engla|4 proved that intrigues and 
corruption would inevitably destroy any government ; 
and in fine, that proper checks an6 balances were neces- 
sary for the preservation of the liberty and happiness 
of any country. One sentence in the address de- 
serves to be quoted. In speaking on the subject of 
the revenue, the house adopt this bold and energetic 
language.* 

" The true causes of the deficiency in the revenue, 
\vie believe, are too well known to your honour, to 
make it necessary for us to say much on that head; 
had the conspicuous loyalty of the inhabitants of this 

* Smith, see page 369, gives the same extract. It could not, how- 
ever, in the order of time, be properly omitted here. 



History of New-York. 421 

province, met with a suitable treatment in return, it '\h 
not unlikely, that we should now be weak enough to act 
like others before us, in being lavish beyond our abili- 
ties, and raising sums unnecessary to be given, and con- 
tinued the donation, like them, for a longer time, than 
what was convenient for the safety of the inhabitants ; 
but experience has shewn the imprudence of such a 
conduct, and the miserable condition to which the pro- 
vince is reduced, renders the raising of large sums very 
difficult, if not impracticable ; we therefore beg leave to 
he plnin with your honour, and hope you will not take it 
amiss y when we tell you, that you are not to expect, that we 
either will raise sums unfit to be raised, or put what we 
shall raise, into the power of a governour to misapply, if 
we can prevent it ; nor shall we make up any other defi- 
ciencies, than U'hat we conceive are fit and just to be paid, 
or continue what support or revenue we shall raise for any 
longer time than one year, nor do we think it convenient to 
do even that, until such laws are passed, as we conceive ne- 
cessary for the safety of the inhabitants of this colony, 
7vho have reposed a trust in us, for that only purpose, and 
which we are sure you will think it reasonable, we should 
act agreeable to, and by the grace of God, we shall en- 
deavour not to deceive them" 

The assembly, in the address, took a general view of 
the colonial atfairs. It adverted to the importance of 
having an agent at the court of Great Britain, to be ap- 
pointed and paid by the house. It complained of the 
court of chancery not being regulated by law; that 
under governour Sloughter, in 1691, that court was es- 
tablished by an act of the general assembly, yet that 
since that time governours had " erected that court by 
an ordinance of themselves and council." " That they 



422 History of New-York, 

could not be ignorant what dissatisfaction the erection 
of a court of chancery, in that manner, gave to the 
generality of the people." Tliat the governours had 
treated the assembly with " unreasonable disregard and 
contempt." That some of the governours were wholly 
unfit for the duties of chancellor, or any other station, 
though " buoyed up and bloated with the fulsome ad- 
dresses and servile flatteries of the instruments of their 
misrule and oppression." In fine, the whole address is 
a production honourable to the times in wliich it was 
formed, and evinces the pr )ud, unbroken spirit of the 
colonists, incapable of being soothed or awed into sub- 
mission, by the arts or power of their rulers. The 
lieutenant governour was not disposed to resist such a 
formidable combination. He thanked the house for its 
address, and assured it of his cordial co-operation in 
whatever was necessary for the good of tlie colony. 

^ VIII. The assembly were now engaged in the dis- 
cussion of contested elections, and undue returns made 
by the sheriffs. Mr. Cornelius Van Home prayed to 
be heard before the house as to his claim to a seat there- 
in, against Adolph Philipse, the member returned as 
elected. The house voted that neither Mr. Philipse 
nor Mr. Van Home should be entitled to a seat, until 
their respective claims were investigated. A scrutiny 
was demanded and obtained, and upon this question a 
division was called and the house stood sixteen to eight. 
L( t it be here remarked that this is i\\e first division, in 
which the names of the members voting on each side, 
were entered on the journals of the house. After tliis 
period the practice became more common. It was like- 
wise resolved, in the case of Mr. Alexander, that if he 
should act as a counsellor, during the continuance of 



History of New- York. 423 

the assembly, that it would be a sufficient reason for 
expelling him from the house. The elections of colo- 
nel Frederick Philipse, a member from Westchester, 
and colonel Gaasbeeck Chambers, a member from Ul- 
ster, were also contested, but without success. The 
house came to a remarkable decision relative to the 
Jews. It resolved tliat none of the Jewish profession 
could either vote for representatives, nor could be ad- 
milted as witnesses touching any contested elections. 
The Catholicks and the Jews, had long been peculiarly 
obnoxious to the colonists. The first settlers being 
Dutch, and mostly of the Reformed Protestant R li- 
gion, and the migrations from England, since the colony 
had belonged to the crown, being principally Episcopal, 
both united in their aversion to the Catholicks and Jews. 
Mr. Adolph Philipse at length succeeded, and retain- 
ed his seat in the house. A bill to ap[)oint an agent at 
the court of Great Britain, and to be paid by the as- 
sembly, was brought in and speedily passed through the 
house. This bill, as usual, was resisted by the coun- 
cil, and the amendments proposed by that body, not 
being agreeable to the assembly, it was lost. The 
assembly, in consequence of what it deemed the unpar- 
liamentary conduct of the council, refused to receive 
any messages by the clerk of that body, insisting that 
they ought to be delivered by the hands of one of the 
council. The house ordered colonel Philipse, Mr. Ver- 
plank, and Mr. Johnson, to " deliver a message to the 
council signifying that the house desires satisfaction 
from the council, concerning the said innovation, which 
the house conceives is to the prejudice and derogation 
of the liberty of the general assembly of this colony." 
1 his vote inuicates itie bold and determined attitude of 



424 History of New- York, 

the assembly ; its consciousness of the power with which 
it was vested, and its resolution to resist the least in- 
fringement of its rights. The governour and council 
were not disposed to provoke this spirit of the house, 
and prudently forebore from a repetition of the irregu- 
larity complained of, and so the affair dropped. 

\) IX. The house, in committee of ways and means, 
voted a tax on the following articles imported into the 
colony during the preceding year : Forty sliillings on 
each slave imported direct from Africa, and four pounds 
if imported from any other place ; thirty shillings on 
every pipe of wine ; two pence on every gallon of 
spirits, rum or other distilled liquors ; five pounds on 
every hundred pounds prime cost on British West In- 
dia goods ; four shillings on every hundred weight of 
cocoa, and three per cent on all sales at auction. The 
house resolved that if any part of the said money should 
be paid by the treasurer before the passage of proper 
laws for the purpose, it should be deemed a misapplica- 
tion, and the treasurer should be. held accountable. So 
jealous was the assembly of the power of the gover- 
nour and council, that not content with limiting all taxes 
to the term of one year, it would not even permit the 
monies so raised to be paid out or applied without its 
express authority. The interest of money was now re- 
duced to seven per cent. The bill for the frequent elec- 
tion of representatives at length obtained the assent of 
the governour and council. This assent was not, how- 
ever, cordially given. The lieutenant governour knew 
that the bill would not obtain the royal assent, as its 
character and views were too democratick, and as it 
gave the people too great a share in the government of 
the colony. In 1739, the crown repealed this law, and 



History of ^eiv-York, 425 

it was surmised, at the time, that the lieutenant gover- 
nour had been instrumental in procuring this repeal. 

jj X. The lieutenant governour, after giving his as- 
sent to twenty-nine bills, adjourned the housC to the 
April following. Before it reassembled, the lieute- 
nant governour thought proper further to prorogue it to 
the 29th of August, 1738. When it met on that day^ 
the interesting question, how far a prorogation operated 
as a dissolution, was discussed. This discussion con- 
tinued during three days. Precedents were searched 
into, authorities u^ere quoted, and parliamentary cus- 
toms were fully examined. The house decided, unani- 
moushj, that it was not dissolved, and that it did then 
lawfully and rightfully exist. This discussion being re- 
ported to the lieutenant governour, he addressed the 
house. He informed it of the alllicting death of her 
majesty, queen Caroline ; he repeated his complaints 
that the house ought to settle a revenue for as long a 
time as former assemblies had done, and that unless this 
was granted, his duty to his majesty forbade him from 
assenting to any act to continue the excise and for siuk- 
ing the Colonial bills of credito The house, after a long 
discussion, unanimously resolved that it would not pass 
any bill for the grant of monies, but with assurance 
that the bills of credit struck and issued in the years 
1714 and 1717, should be redeemed, and also Ihe 
excise act should be continued from November 1, 
1739, for a sufficient number of years to cancel 
and destroy the said bills. This resolution was com* 
municated to the lieutenant governour by Messrs. 
Schuyler and Johnson. These gentlemen having wait- 
ed on the lieutenant governour, reported that his hon- 
our was pleased to answer^ " that i)e could not give his 

54 



426 History of New-York. 

assent to such a bill unless the house would settle a 
support for as long time and in as ample a manner as 
had been given to former governours ; neither could 
be consent to the appropriation of the money." A 
rupture between the executive and legislature was ra- 
pidly approaching. All sfood men saw, with regret, that 
pertinacious adherence to prerogative, on the part of 
the lieutenant governour, which tended to frustrate the 
"wholesome measures of the assembly. The iieutenat.-t 
governour had little reason to complain of the legisla- 
ture. It had voted liim a salary of 1560/. and had been 
lavish in its disbursements for the support of govern- 
nent. By limiting the duration of taxes to one year, 
it had shewed to the people the benefits arising from an 
anrual meeting of the legislature, and it possessed no 
otlier means of coercing the crown to a due sense of 
its dependence on the affections and loyalty of the 
colony. But the lieutenant governour was not to be 
moved by considerations of this nature. He ordered 
the house to attend him, and in an angry strain of in- 
vective and abuse, told the assembly that its proceed- 
ings were " presumptuous, daring and unprecedented." 
That he could " not look upon ttiem without astonish- 
ment, nor with honour suffer the house to sit any longer." 
He accordingly dissolved it. No bills were passed into 
laws at this session. Many were originated, but, by the 
dissolution, were lost. The character of tt)e assembly, 
for firmness, in what it deemed the essential interests of 
the colony, cannot be disputed. The legislature began 
to perceive its importance in the scale of government. 
It possessed the germ of that independence and free- 
dom which afterwards ripened and displayed ilself in 



History of New-York. 427 

securing the liberties of our country. It felt the digni- 
ty due to its own character, and neither ministerial 
smiles nor frowns, could sway it from the path of 
duty. 



HISTORY OF MEW-YOM-K* 



PART IX. 

Including from the year 1738 to 17 il.. ..Being a continu- 
ation of the Government under Ijieutcnant Gnrernour 
Clarke. 



V, I. Slate of Europe, and of the colony ; war between Great Britaiu 
and Spain. ^ II. Impressment of seamen resisted by the mayor of 
INTew-York ; spotted fever and small pox. § III. ]N"ew elections of 
the assembly ; lieutenant govcrnour's speech and proceedings of the 
house. § IV. Revenue ; prorogation. § V. Negro plot. \ VI. 
Number executed, &:c. and remarks. § VII. Meeting of the assem- 
bly ; progress of Christianity among the Indians. § VIII. Sugges- 
tions that the colony M'ished to be independent of the crown, consi. 
derede 



X HE state of Europe had been, for some lime, un- 
piopitioiis to tbe settlement of the colonies, or the in- 
crease of their commerce. Spain had sought occasion 
to embroil herself in the war with Great Britain. The 
convention made at Paris, in January, 1738, by which 
Spain had engaged to pay England 95,000/. for depre- 
dations committed by the subjects of the foriner on 
those of the latter, had been violated. Hostile prepa- 
rations against Spain, seemed to be the constant theme 
of the English people. The ministry, unable to resist 
the clamour, planted letters of marqe and reprisal. 



430 History of New-York, 

The troops were augmented j a fleet was assembled at 
Sfithead ; a reinforcement sent out to admiral Had- 
dock, and an embargo laid on all outward bound mer- 
chant ships. Every movement threatened an immedi- 
ate rupture. Admiral Vernon was sent to the West 
Indies, to annoy the Spanish trade and settlements. 
The king of Spain, on his part, ordered all British ships, 
in his waters, to be seized and detained. In the end, 
war was declared by England against Spain, on the 23d 
of October, 1739. As early as February, 1736, gover- 
nour Broughton, of South Carolina, had apprized the 
lieutenant governour of New- York, that a Spanish anna- 
ment was preparing at Havanna, to attack Georgia and 
South Carolina. The lieutenant governour and council 
had, thereupon, forbidden supplies or artus to be ship- 
ped to the Spaniards, and an embargo was also laid on 
all vessels bound to St. x\ugustine. 

^ II. A remarkable application was made by captain 
Norris, of the ship Tartar, then lying in the harbour of 
New-York, for liberty to impress thirty seamen, whom, 
he said, were much wanted by him to man his vessel. 
The lieutenant governour and council ordered the may- 
or of New-York to cause the impressment to be made. 
The mayor, with a firmness which did him much ho- 
nour, perei^nptorily refused to obey the order, and the 
lieutenant governour and council prudently declined, 
though solicited, to take any further measures to com- 
ply with captain Norris' requisition. The colonists 
were yet ignorant of the practical operation of the 
doctrine of impressment. The spark of liberty, en- 
kindled in their bosoms, could not be extinguished by 
the arts or arms of their rulers. The purple or spotted 
fever was said to be making great ravages in South 



History of New-York. 131 

Carolina, and the small pox, another terrible enf^my of 
man, was stated to prevail at Barbadoes and Antii^ua. 
The lieutenant governour and council ordered all ves- 
sels from South Carolina, Barbadoes and Antigua to 
perform ciuarantin.". 

^ III. The former assembly having been dissolved, a 
new election for representatives became necessery. In 
llie city of New-York an entire change of members 
was produced. JNone of those who served in the la^t 
assembly vVere returned. Though great exertions had 
been made by the lieutenant governour to procure a 
liuuse, less rigid and unbending than the former, he 
was equally unsuccessful in the attainment of his pur- 
pose. Whatever diflferences existed between the new 
iri.mbers, on minor subjects of legislation, yet on those 
leading and important questions, of granting supplies 
frr only one year, and of supporting the credit of the 
paper money of the colony, there was but one opinion. 

Tlie lieutenant governour opened the session, on the 
27th of March, 1739. He told the house to imitate the 
British parliament, by granting liberal supplies. He 
reminded it of the gratitude it owed to his majesty, for 
Lis constant protection and support of the colonial trade, 
and of the rights and liberties of the colony. He ear- 
nestly recommended the house to provide for the long 
arrears due for the support, of government. He again 
called its attention to the ruinous state of the fort 
among the Seneca Indians, and the barracks at Fort 
George. The complaint of the French endeavour- 
ing to alienate the affections of the Indians, was, as 
usual, a prominent subject of his speech. He also in- 
formed the house that the crown had repealed the law 
regulating elections of representatives, and concluded 



432 History of New-York, 

by promising to give his assent to any bills the assem- 
bly should pass, provided it would do its duty in re- 
spect to the revenue. The house seemed to be even 
less courteous than the former assembly. On a division 
to take the speech immediately into consideration, only 
iive members voted in the affirmative, and seventeen in 
the negative. The consideration of the speech was 
postponed for a week. The house likewise reduced 
the salary of the lieutenant go vernour, from 1560/. to 
1300/. alledging the present embarrassments of the 
colony as the cause for this reduction. Little business 
was done, and the small pox being then prevalent in 
INew-York, the house took a recess to August 29, 1739. 
When it reassembled, the lieutenant governour remind- 
ed it of the subjects contained in his former speech. 
He added that ship building was much neglected in the 
colony, and suggested the propriety of increasing it by 
a law to be passed for the purpose. He communicated 
to the house a letter from the governour of Massachu- 
setts, and a vote of its assembly, signifying a desire to 
have the boundaries between the two colonies settled 
by commissioners. The small pox still continuing in 
New-York, the house, with the approbation of the 
lieutenant governour, changed its place of meeting to 
the house of Harmanus Rutgers, near the fresh water 
pond. No report having been made to the house 
of the expenditures of the sums voted in 1734, 
amounting to nearly 12,000/. for the purposes of erect- 
ing fortifications in New-York, Suffolk, Albany and 
Schenectady, the commissioners appointed for applying 
those monies, were directed to make report of the man- 
ner in whicli they had been applied. The treasurer 
was likewise directed to report the receipts into the 



History of New-York, 433 

treasury, under the acts laying a duty of tonnage, for 
emitting certain l)ills of credit, for laying duties on 
sales at auction, and for collecting the excise duties. 
The house voted tliat it was the duty of the crown to 
sup[)ly the garrisons of the colony with bedding, ket- 
tles, bowls and platters, and that no tax ought to be im- 
posed on the inhabitants for the purpose. About this 
time seventy families of Highlanders had arrived, and 
intended to make a settlement at Wood Creek. To 
enable them to do so, the government had allowed them 
a liberal compensation. The assembly were now pro- 
ceeding to the subject of fortilications, always having 
in view, however, that all supplies should continue but 
for one year ; that they should be limited in their ap- 
plication to the specilick purposes directed by the house, 
and that the credit of the paper currency of the colony 
should remain unimpaired. 

^ \y. The lieutenant governour pressed the house to 
raise a revenue in gross, and to leave its application 
to the lieutenant governour and council. This, as 
usual, was opposed by the bouse, and the opposition 
was highly offensive to his honour. As a prelude 
to what he intended, the lieutenant governour sent for 
the house and prorogued them for a few days onlyj, 
with a view, as he said, " that the members might seri- 
ously reflect upon these matters." This prorogation 
produced no change in the temper or disposition of the 
assembly, but rather served to increase its hostility to 
the court. The lieutenant governour seeing this spirit 
of the house, was fearful of proceeding to extremities. 
He gave his assent to the bill for supporting the credit 
of the paper currency, and the house voted the usual 
supplies for the support of government, and for victual- 

.')5 



434 JElistory of Ntw-YorTc. 

ing live hundred men, to be employed in an expediti">n 
against the Spaniards. On the 17th INovemUer, 1739, 
the house was adjourned until the April following. 

^ V. Subsequent to the next meeting of the assembly, 
certain events occurred, \\hicl:, though they were not 
completely developed until sometime aftei wards, it will 
not be amiss to notice here in connection. These events 
were calculated to awaken the feelings, and rouse the 
resentment of the colonists against the unfortunate 
Africans, who were devoted to a state of slavery. A rob- 
bery, whicii had been committed at the house of Robert 
Hogg, a merchant in INew-York, on the 28th of Fef>ru- 
ary, 1740-1, seemed to have led to the discovery of a 
plot, which was afterwards called /^e 7/e^ro2>/o^. One 
]\1ary Burton, an indented servant to John Hughson, 
(a man of infamous character, and to whose house 
slaves were in the practice of resorting to drink and 
gamble, and of secreting the goods lh«y had stden) 
was the instrument, in the hands of the magistrates, for 
the detection and punishment of the otfenders. On the 
18th of March after the robbery, a fire broke out in 
the roof of his majesty's house at Fort George, near the 
ciiapel, consuming the house, the chapel and some other 
buildings adjacent. iMost of tlie publick records in tlie 
secretary's office, over the fort gate, weie lortunately 
rescued from the flames. A week after, another fire 
broke out at the house belonging to a captain \Yarren, 
y near the long bridge, at the southwest end of the city. 
Both these fires were, at first, snpposed to be accident- 
al. But about a week after the last fire, another broke 
out at the store house of a Mr. Van Zandt, towards the 
east end of the town. Three days after a fourth alarm 
was given, a^d it was found tliat some hay was on lire 



Hislorif of New-York, 435 

in a cow stable near the house of a Mr. Q,uick, or a 
Mr. Veri»ereaii. The fire was soon suppressed. The 
people in returning from that fire, were alarmed by a 
fifth cry, at the house of one Ben Thompson, next door 
west of a captain parly's house. It appeared that fire 
had been placed between two beds, in the loft of a 
kitchen, where a nesjro usually slept. The next morn- 
in<^ coals were discovered under a hay stack, near the 
coach house and stables of Joseph Murray, esq. in 
Broadway. All these circumstances having occurred 
in quick succession, the people were induced to be- 
lieve tliat some designing persons intended to destroy 
the city by fire. What strengthened this belief, was, 
a seventh alarm of fire the next day, at the house of a 
S'^rgeant Burns, opposite the fort garden, an eighth 
alarm occasioned by a fire breaking out the same day, 
in the roof of a Mr. Hilton's house, near the fly mar- 
ket; as:d again, the same afternoon, and within a 
few hours after, a ninth fire occurring, at colonel 
Philipse's store house. This strange coincidence of 
events, leaves indeed little room for doubt, that some one 
or more of the fires occurred through design. It was soon 
rumoured that the negroes were the perpetrators. One 
QuackOy a negro, belonging to a Mr. Walter, was said 
to have made use of some mysterious language and 
threats, indicating his knowledge of a plot. A procla- 
mation was issued, ofiering rewards for the discovery 
of the offenders. Quacko, and several other negroes 
were apprehended and closely interrogated, but with- 
out effect. I'lie supreme court, at its April term, 
strictly enjoined the grand jury to make diligent enqui- 
ries as to the late robberies and fires within the city. 
Mary Burton, who had been apprehended as a witness. 



436 History oj New-York. 

relative to the robbery at ]\Ir. Hogg's, gave the grand 
jury reason to believe that she was also privy to the de- 
sign to set fire to the city. After some difficulty, she 
made a disclosure, which, in all probability, was greatly 
exaggerated, though some of its parts might have been 
true. She stated that meetings of negroes were held 
at her master's [Hughson.] That their plan was to 
burn the fort and city. That one Csesar, [a black] was 
to be governour, and Hughson, her master, king ! That 
they were to destroy the whites. That she had known 
seven or eight guns, and sonie swords, in her master's 
house ! That the meetings at her master's house, con- 
sisted of twenty or thirty negroes at a time ! Upon this 
evidence, warrants were issued, and many negroes 
committed to prison. One Arthur Price, a servant, 
charged with stealing goods, belonging to the lieutenant 
governour, likewise became informer. Being in prison 
himself, and having access to the negroes there commit- 
ted, he received, or pretended to have received, much 
information from them. He was afterwards employed 
by the magistrates, to hold private conferences with the 
negroes in prison, and to use persuasion and other 
means to gain confessions from them. In this business 
he was peculiarly expert, and received the most un- 
qualified approbation of the magistrates. Yet many of 
his stories are of such a chivalrous and romantic de- 
S(ri|)tion as to excite suspicion of their truth. But 
every thing he related was implicitly believed. The 
more extravagant the tale, the more readily was it re- 
ceived and credited. A white woman, Avho was a com- 
m^iH prostitute, and familiar even with negroes, of the 
name of Margaret or Peggy Saiinburgh, alias Kerry, 
alias Sorubiero, likewise declared she could make 



History of New- Yorfc. 4S7 

great discoveries. The inaa;istrates eagerly hastened to 
take her examination, and the consequence was, that 
fresh warrants w^ere issued for the apprehension of ma- 
ny other negroes, not before implicated. Informers 
were now rapidly increasing. Arthur Price, while in 
prison, was making great discoveries. Operating on 
the fears and hopes of tiie negroes, many declared 
themselves accoinplices. The magistrates were unceas- 
ingly engaged. The grand jury were daily presenting 
bills of indictment against the parties accused. To be 
incu]pa(<;d by Mary Burton, Artliur Price, or Peggy 
Salingburgb, was sufficient to authorize tlie indictment 
and conviction of any person. It is to be regretted 
that on proof of such suspicious characters, so many 
lives were placed in the hands of the executioner. Not 
that we dispute the fact that some of the fires were 
designedly set, but that we mean to be imderstood 
as doubting the extent and nature of the plot ascribed 
to the negroes. It is evident that Mary Burton was 
wholly unworthy of credit. Independent of the ab- 
surdity and improbability of many of her stories, she 
had, on the 22d April, in her first examination and dis^ 
closure under oath, declared, " that she never saw any 
white person in company when they talked of burning 
the town, but her master, her mistress and Peggy;" yei, 
on the 25th of June following, she deposed that one 
John Dry, a Catholick priest, (a white person) was of- 
ten at her master's, and " that when he came to Hugh- 
son's, he [Ury] always went up stairs in the company 
of Hughson, his wife, and daughter, and Peggy, with 
whom the negroes used to be, at the same time, consult- 
ing about the plot;" and that " the negroes talked in 
the presence of the said Ury about setting fire to the 



438 History of New-York. 

houses, and killinj^ the white people." She afterwards^ 
on the ] 1th July following-, declared, on oath, tliat one 
Corry, a dancini^ master, (also a white person) used to 
con)e to flughson's, and talk with the negroes about the 
plot. Yet on evidence of this kind, Ury, who liad 
previously been comuiilted under the act against 
Jesuits and popish priests, was indi( ted, tried, onvicted 
and executed. At the place of execution, he solemnly 
denied the charge, and called on God to witness its falsi- 
ty. But Ury was a Cathoiick, and Ihe publick prejudice 
>vas so strong, tliat it required very little more to en- 
sure his condemnation. Had not Ury been obnoxious, 
on account of his religion, (he accusation against him 
would perhaps have never been made, or, if made, 
W(;uld have been little regarded. i\lary Burton, re- 
ceived the hundred pounds which had been promised as 
a rewiird for discovering the persons concerned in set- 
ting lire to the city. We shall now dismiss this article, 
after giving the number who were accused, tried, and 
gulFered on this occasion, with some remarks, which 
grow out of this subject. 

^ VI. One hundred and fifty-four negroes were com- 
mitted to prison, of whom fourteen were burnt at the 
stakcy eighteen hanged, seventy-one transported, and 
the rest par;i()ned, or discharged for want of proof. 
Twenty while persons were committed, of whom two 
only, John Ilughson and John Ury, were executed. At 
this time, the city of ><'ew-York contained a population 
of about twelve thousand souls, of whom one sixth 
were slaves. If a plot, in fact, existed for the destruc- 
tion of the city and the massacre of its inhabitants ; and 
if that plot was conducted by Ury, it certainly betray- 
ed greater imbecility of intellect, and want of caution 



History oj Nov- York. 439 

and arrangement, toc;etlier with less union of action, 
tlian could have been expected from one wlio was evi- 
dently, if we believe his own account, a man of chii-si- 
cal education, and profound ei udition. It is worthy of 
re-nark, that Corry, the danciiii^ master, a(cused by 
Mary Burton, was discharpjed for wait of proof! It 
seems that Mary's testimony began, at length, to be 
doulited. Indeed, it well might ; for had the prosecu- 
tions contiiuied much longer, slie would, more than 
probable, have accused a great portion of the white 
citizens of New -York, as being concerned in tliis phit. 
Daniel Horsmanden, esq. published, at the time, a liistory 
of this conspiracy and laboured hard to prove its exist- 
ence and extent. But it is evident that that hostility to 
Catholicism, which tlie British government so indu^tii- 
ously inculcated, tinctured his mind, and gave it a bias 
unfriendly to the fair developement of truth, (n- to the 
full and impartial examination of facts ansi circumstan- 
ces. The negroes were without defence. All the 
Counsel in the city were arrayed against them, and vol- 
unteered their services on behalf of the crown, on the 
trial of those unfortunate slaves. The want of educa- 
tion, and utter ignorance of those infatuated wretches 
easily made them the victims of craft, and imposition. 
The hopes of life, and the promise of pardon, influenc- 
ed some of them to make confessions. Yet falsehood 
was so ingeniously, and artfully blended with truth, that it 
was not an easy task to separate the one from tlie other. 
It must, however, be admitted, that many circinnstances 
aided the opinion that tlie plot, in fact, existed, and if 
the people were mistaken in this, it was an errosir into 
which they might naturally fall at the moment of confu- 
'^ion and distress, and under the attending circn(n«tnnce«i« 



44^ History of Neiv-York, 

A day of publick thanksgiving for the; deliverance 
of his majesty's subjects, from the alledgvd con- 
spiracy, was appointed by the lieutenant governour, 
and was devoutly and reverently observed by the inha- 
bitants. 

^ VII. The assembly met in April, but immediately 
after adjourned. In September, 1740, it was again 
convened. Tl)e speech of tlie lieutenant governour 
strongly recommended war measures for the defence of 
the colony. He urged the hou^e to grant further sup- 
plies for tiie support and maintenance of troops and 
forts, especially tlie fort at Oswego. He stated the ra- 
pid progress of Christianity among the Six Nations of In- 
dians, where the reverend Mr. Barclay was successful- 
ly combating the delusions of infidelity and paganism. 
He solicited the house to raise a revenue for a term of 
years, as former assemblies had done, and not to limit 
its duration to one year. It was in vain, however, for 
the lieutenant governour to press tliis latter topick on 
the house. Their resolution was fixed, and so highly 
indignant were some of the members at this at- 
tempt, that a motion made by Mr. Nicol, to re- 
duce the lieutenant governour's salary to 780/. was 
lost, on a division, by a majority of five voices on- 
ly. The sum of 1,300/. which had before been allow- 
ed, was then proposed, and carried by a small majority. 
The house likewise voted that it would not subject the 
colony to any additional taxes, to aid the contemplated 
expedition against the Spanish settlements ; plainly in- 
timating that it was the province of the crown to sup- 
port its own wars. Captain Joiian .Tost Herkimer, Mr. 
Henry Van Rensselaer, Mr. John H Wendell, and 
Mr. Gerrit A. Lansing, were directed to victual the 



History of New- York. 441 

garrison at Osweajo. Thirteen acts were passed at this 
session. The militia act was amended^ and the tax on 
eider, pork and beef was repealed, but the duties on 
sales at auction were increased, to make good the de- 
ficiency in the revenue. The house did not meet 
again till the 15th April, 1741. 

? VIII. it requires but little discernment to perceive 
the growing importance of the legislature of the colo- 
ny. In almost every struggle with its governours, it 
was successful. In fact, the purse and the sword were 
in the hands of the assembly. Publick monies could no 
longer be misapplied. The revenue was limited to one 
year, and the lieutenant governour was compelled, from 
that circumstance alone, to call the legislature together 
annually. This unyielding spirit of the assembly, as it 
was termed by the lieutenant governour, induced him 
to believe that the colony wished to throw off her de- 
pendence on Great Britain. In his speech to the house 
in April, 1741, he alludes to " a jealousy, which, for 
some years, had obtained in England, that the planta- 
tions were not without thoughts of throwing off their 
dependence on the crown of England." That such a 
jealously, even at that early day, had prevailed in some 
of the cabinet circles in England, was strictly true, but 
it was impolitick and luiwise in the lieutenant governour 
to touch upon so delicate a subject. An allusion of the 
kind, rather served to enkindle than extinguish such a 
sentiment. The colony of New-York was the most 
loyal of all his Britannick majesty's possessions in Ame- 
rica. From duty and inclination, she was sincerely at 
tached to the British government and nation. AVhat- 
ever speculations or theories might have been indulged 
in, by some of its inhabitants, a vast majority of them 

5G 



442 Htstoinj of Nm-Tork, 

entertained no wish for a separation from the mo- 
tl)er country. The speech, therefore, was illy calcu- 
lated to sooth the feelings of the people. Distrust and 
want of confidence naturally beget each other. The 
people perceived that no sacrifices on their part could 
procure the respect or command the confidence of tlieir 
rulers. After the colony had exhausted every effort to 
support the rights and honour of the British crov^n, and 
expended much of her best blood and treasure for the 
purpose, it was cruel to tell her that she was a way- 
w ard, disobedient child, who was struggling for emanci- 
pation from paternal authority. The answer of the 
house was dignified, loyal and respectful. In style and 
matter, it is a state paper of no little value. Nor wag 
the speech of the lieutenant governour deficient in 
either. Both were superior to the speeches and an- 
swers which had usually been iriadeo 



HISTORY OF NEW-YOUKo 



PART X 

Including from the Year 1741, /o the Year 1743, when 
Govtrnour Clinton arrived^ and iernvnated the Admiit^ 
istralion of JLitutenant Governour Clarke, 



5 I. The speech of the lieutenant governour in ApriJ, 1741. §IL 
Remarks thereupon. § III. Answer of the assembly. § IV. Its 
proceedings. § V. Cuba taken by the British ; speech and answer 
ia September, 1741 ; proceedings of the house. § VI. Arrival of 
governour Clinton. § VII. Character of the lieutenant goveroou?. 



JLN the preceding chapter we brietiy noticed the 
epeech of the lieutenant ^overtiour, a:5d the answer o^ 
the assembly, at the April session, in 1741. These pa- 
pers shall now be more particularly considered. Ae 
evidence of the temper of the times, they may justly 
be deemed valuable. On the part of the lieutenant go- 
vernour every effort had been made to produce an 
effect on the house. He commences his speech with 
referring to the revolution which pU^ced William and 
Mary on the throne, and secured a protestant succes- 
sion to the nation : That that revolution had protected 
the colony in the enjoyment of its civil and religious 
rights and privileges : That the colony had been more 
iiighly favoured than any otlier of iiis majesty's pro- 



444 Hislory of New-York. 

vinces ; and that, in grateful return for this protection, 
its former assemblies had, for many years, supported 
the government conformable to the practice of the par- 
liament of England : That, like parliament, these as- 
semblies had never questioned the king*s royal prero- 
gative, and undoubted right to appoint officers for the 
management of the revenue. But late assemblies, hav- 
ing grown wanton by prosperity, had abused the cle- 
mency of the crown, and had demanded the nomination 
of their own treasurer : That this demand having been 
granted, so far as related to the management of monies 
raised for extraordinary uses, the legislature were em- 
boldened, after the year 1709, further to insist on the 
particular appointment of the salaries of the officers of 
government, and absolutely refused to raise any reve- 
nue unless this demand >vas likewise granted : That 
consequently his majesty's auditor general was left 
"without any salary ; " thus fixing on themselves the de- 
pendence of the officers for whom they provided, (for 
men are naturally servants to those who pay them) and, 
in effect, subverting the constitution, by assuming to 
themselves one undoubted and essential branch of his 
majesty's royal prerogative." That he now hoped the 
house was returning to a sense of duty to his majesty, 
and would make parliament the model of its proceed- 
ing : That this conduct alone would remove the jealou- 
sy pre^" ailing in Great Britain, that the colony wished 
to be emancipated from the crown, and would enable 
*' his majesty to pay his own officers and servants, where- 
by they will be reclaimed to their proper dependence :'* 
That a speedy rupture with France was to be appre- 
hended, and that timely provision should be made 
figainst the consequences of that event : That his ma- 



History of Nnv-York, 4.45 

Jesty had ordered large quantities of military stores 
and ordnance to be sent to the colony to aid in its de- 
fence : That the garrison at Oswego ought to be aug- 
mented, and the militia of the colony placed under 
better regulation : That an agent, of known integrity 
and ability, was necessary at the court of Great Bri- 
tain. He then adverted to the late tires in the city of 
New- York, and concluded by recommending the house 
to provide for the rebuilding of the chapel, &c. in Fort 
George, which had been destroyed, and for placinf>- tlie 
slaves under greater restrictions. 

^ 11. The speech is replete with useful political 
matter. It will be seen that the democratick branch of 
the colonial government had placed the governour, and 
almost every other officer, in a state of dependence on 
its votes and measures. Not a single shilling could be 
withdrawn from the treasury, but by legislative consent. 
This was peculiarly galling to the lieutenant governour. 
It had stripped him of that executive patronage and in- 
fluence, which was deemed by him so essential to the 
su'pport of his administration. In truth, it was a great 
step towards that independence which was afterwards 
obtained. Thus, at an early day, the colonists had suc- 
cessfully contended with the crown for a due participa- 
tion of power. Revolutions seldom go backw ards. The 
mind that has been long accustomed to think with free- 
dom and decision is not readily induced to yield, or to 
recede from the course it has once adopted. The as- 
sembly knew its power, and was determined to retain 
it. It placed little dependence on the faith of kings or 
governours, when unrestrained by some equiponderat- 
ing influence. It was a just remark of the lieutenant 
governour, that men are naturally servants to those who 



446 History of New-York, 

pay them ; but he was not equally fortunate in his allu- 
sion to the practice of the British parliament. He had 
forgotten the annual subsidij bills^ so often insisted upon 
by the house of commons, as a check upon the inordi- 
nate ambition and power of tlie crown. Nor was it cor- 
rect to say that the crown liad protected the colony in 
the enjoyment of its civil and religious rights and pri- 
vileges. On the contrary, the ruinous wars, which the 
British government had frequently waged, so destruc- 
tive to the commercial and agricultural prosperity of its 
colonies, and the heavy expenses which were defrayed 
by this colony, ag well towards the support of those 
wars, as to its defence against the incursions of the In- 
dians, had shewn that it owed little to the crown on the 
score of gratitude, or protection. The expense of the 
arms and military stores, which had been sent over 
by the British government, to aid in our defence, 
amounted only to the paltry sum of 8563/. 126'. Zd. 
which was not one fr»urth of the amount of the taxes 
we had raised, within a few years past, for the like 
purpose. In what particular, therefore, the colony 
had been " more highly favoured than any other of his 
majesty's provinces," it was difficult to discover. A 
reference to its history will shew that New-York had 
borne greater hardships, expended more monies for the 
support of government, and had exhibited more loyalty 
and patient endurance, under all its difficulties, than 
any other of his majesty's colonies. 

$ III. The assembly in its answer (which was said t© 
be the production of colonel Morris) assured the lieu- 
tenant governour of its intention to provide for the 
support of government, and the defence of the colony, 
in the best manner its ability and circumstances waiild 



History of New-York, 44T 

allow : That the house viewed the reyoliilion as a 
blessing to the country, antj admitted the protection it 
had received from the crown, yet that " it must be 
owned, on the other hand, that, in grateful return, the 
assemblies did, from time to time, cheerfully support 
the government, and made ample provision for all ex- 
peditions, as well as for all other exigencies, for the se- 
curity of the colony, and the service of the crown :" 
That while publick monies were at the disposal of the 
governour and council, they were misapplied, and that 
the assembly, to correct the evil, directed such monies 
as were raised for the forces intended for the security 
of the colony, to pass through the hands of a person 
appointed by the legislature : I'hat queen Ann had 
sanctioned this procedure, and allowed the colony to 
have a treasurer of its own : That to discharge the 
heavy debts it had incurred, the excise duties had 
been, and still were, pledged for its redemption : That 
formerly the rents reserved to his majesty, on lands 
granted in the colony, all seizures, forfeitures and 
dues, that arose in it to the crown were applied 
for the support and incidental expenses of the 
government : That though this application wae 
now discontinued, yet the legislature had granted 
a more ample support than any of tiie neighbouring 
colonies : That it had provided largely for firewood 
and candles for his majesty's troops ; that it had grant- 
ed considerable presents to the Six Nations of Indians ; 
that it had erected, at a vast expense, a battery of fifty- 
guns, at the entrance of the harbour of New -York ; 
snd also new forts at Albany, Schenectady, and among 
the Mohawk Indians ; besides victualling five hundred 
Iroopg on an expedition to the West Indies: Thai 



44i> HisLory of Ntiv-York. 

though deiicieiicies in the revenue, to the amount of 
several thousand pounds, had arisen, wliile publick 
monies were under the controul of the governour and 
council, yet the house had never failed in granting the 
necessary supplies for the support of government : 
That the house disavowed any intention of throwing ofi* 
their dependence on the British crown, affirming its 
loyalty and attachment to ins majesty : That the audi- 
tor general (Iloratio Walpole, esq.) would, no doubt, 
receive a compensation fiom the king ; yet that consi- 
derable sinus had passed through the lieutenant gover- 
nour for his use : That trade and commerce had dimin- 
ished : That this was to be ascribed to the heavy bur- 
thens laid upon commerce, from which many evils were 
lo be apprehended, and that " many instances might 
be given where the channel of trade has been di- 
verted, it has rarely (if ever) been retrieved :" That 
an agent at the court of Great Britain would be 
of essential benefit to the colony, " if depending 
on, and payable by, the general assembly ;" and that 
the house indulged the hope that if a bill for the 
purpose was preseijted to the lieutenant governour, 
it would receive his assent : Tiiat the house would 
make provision for repairing the loss, by the late fires, 
in Fort George : That it regretted that among the 
military stores Avhich had been sent over for the de- 
fence of the colony, a sufficient quantity of gunpowder 
bad not been provided, a duty which the crown had 
ever observed in regard to this country : That the ex- 
pense of transporting the military stores, mounting the 
guns, and other necessary expenses, would be duly at- 
tended to : That the better regulating the negroes, and 
the other subjects recommended by the lieutenant go- 



History of Nav-York. 449 

vfernoiir would be duly considered and acted upon by 
the house. In this paper warfare between the lieutenant 
governour and the aosemf)ly, the latter had evidently 
the advantage. In the speech we observe tliose ef- 
forts of a high toned ambhion to place the government 
out of the reach of the people ; while in the answer a 
firm, yet moderate, adherence to truth, is its distinguish- 
ing trait. 

^ IV. Notwithstanding the decided altitude of the 
house, it voted liberal supplies for the support of the 
war. 3,28]/. 135. \ld, were voted for military works 
and preparations in and about New-York. 200/. were 
voted for fitting out two sloops to go in search of some 
Spanish privateers which w^ere hovering about the har- 
bour. 50/. were promised by the house to each volun- 
teer who should be maimed or disabled in that service. 
Meanwhile provision was made against the irruptions of 
the Indians on the frontiers, and for securing the friend- 
ship of such as were considered in the British interest. 
The commissioners of Indian affairs at Albany (Myndert 
Schuyler, Abraham Cuyler, Dirck Ten Broeck, Ryer 
Gerritse, Johannis Lansing, junior, Hendrick Ten 
Eyck, John Schuyler, junior, and John De Peyster) 
informed the house of the scarcity of provisions 
among the Seneca Indians, and of the design of the 
French to eifert a settlement at Tierondequat. Thft 
house voted monies to purchase provisions. The grand 
jury, which had presented indictments against such as 
were concerned in the negro plot^ were called in, and 
publickly thanked, by the speaker, on behalf of the as- 
sembly, for their vigilance and attention, in bringing 
the otlend^rs to justice. After a few biiU were parsed-, 



^'Od History of New-York, 

telaling principally to fortifications, the house was ad- 
journed to the September following. In giving the de- 
tails of the executive and legislative proceedings of the 
colony, we are ready to remark the same dull monoto- 
nous course on the part of the governours, at almost 
every session. The topics which occupy their speech- 
es, are revenue, fortifications, the decay of trade, and 
the condition of the Indians. Seldom diversified with 
other matter, their addresses are barren as to state af- 
fairs, of more general importance. If, therefore, the 
historian should be charged with a repetition of the 
same subjects, let it be remembered, that the same sub- 
jects were constantly presented to the consideration of 
the legislature : That the circumscribed sphere, to 
which we are limited, forbids a detail of facts, not 
immediately connected with our history ; and that we are 
treating of a colony, not of a kingdom. A colony too, 
containing a population even less than that of the city 
of New-York, at the present day. 

^ V. Before the next session, the British forces had 
succeeded in effecting a landing on the island of Cuba, 
and general Wentvvorth had urged the lieutenant go- 
vernour to send him additional forces. It was also un- 
derstood, that a governour [Clinton] had been appoint- 
ed to supersede Mr. Clarke, in the government of the 
colony. Mr. Clarke urged this circumstance to the 
house, at its September session, as an evidence of his 
being disinterested in the subjects he pressed upon the 
consideration of the assembly. He likewise called its 
attention to the importance of passing laws for the in- 
spection of flour, the staple commodity of the colony. 
He again urged the house to provide for the rebuilding 



History of Nerv-YorL 45 i 

of the edifices in fort George, which had been destroyed 
by fire, not forgetting the stale and often repeated snb- 
ject of raising a revenue for a term of years. It was won- 
derful that the bold and inflexible spirit of the house 
had not taught him the vanity of hoping for success on 
this last, but, to him, most interesting topic. The house 
voted an address to his honour. The intrepid colonel 
Morris was one of the committee appointed to prepare 
it. It is an address of great lengtli and uncommon 
ability. It will be unnecessary to review it in detail, 
as most of the subjects it embraces have already becB 
anticipated. Several petitions were presented from 
persons who had been confined for debt for several 
years, praying legislative aid for their discharge. Bills 
for their relief were ordered to be brought in. The 
quakers, being by the laws of the colony exempt from 
serving as jurors, an attempt was made to take away 
their privilege by bill ; but the house rejected it, by 
fifteen votes to three. 500/. were voted for trans- 
porting one hundred effective men to the West 
Indies. Daniel Horsmanden, esquire,^ was request- 
ed by the house to collect and revise the laws in 
force, with suitable notes and references. It does not 
appear, however, that this work was ever completed. 
The house, in a humble address to his majesty, prayed 
that the crown might grant a sufficient sum to rebuild 
the edifices, which had been destroyed by fire, in fori 



* Mr. Horsmanden was a judge of the supreme court. To his age^ 
atid growing iafirmities, may be ascribed the introduction of that ar* 
tide in our state constitution which liinits the duration of the office oi 
judge. 



452 History of New-York. 

George. After the lieutenant governour harl given bis 
assent to eleven laws, the house adjourned till the 16th 
March, 1741-2. Among the number of laws passed, 
we do not find any which afforded relief to unfortunate 
imprisoned debtors ; so much was the government 
wedded to tliat sanguinary policy which stains the an- 
nals of English jurisprudence, and permits an exaspe- 
rated creditor to incarcerate his unfortunate debtor 
for life. The house in its next session, (and which was 
continued to October) vv'as principally occupied in 
making appropriations for the defence of the colony, 
and raising a revenue sufiicient to meet the expense. It 
again met in April, 1743, Several of the mugistrateg 
of the colony having been proceeded against by infor- 
matioii^ (a powerful instrument in the hands of the 
crown lawyers) for not repairing the court houses and 
gaols in their counties, a bill was directed to be 
brought in to prevent such vexatious proceedings in 
future, but it did not pass into a law. 

^ VI. On the 23d of September, 1743, his excellency 
George Clinton, who had been constituted governour 
of the colony, arrived, and his appointment was duly 
proclaimed ; thus superseding Mr. Clarke in the go- 
vernment of the colony. 

^ VII. When we consider the administration of lieu- 
tenant governour Clarke, we shall find little to dis-: 
tinguish it from that of his predecessor; at least in 
one important particular, namely, that of a strict 
and pertinacious adherence to prerogative. It cannot 
be denied that he possessed a greater share of pru- 
dence, and certainly more talents for government^, 



History of New-York, 453 

than Cosby. Durino^ a period of more than seven 
years he evinced, with but one or two exceptions, 
a strong desire to conciliate the affections of the 
people. Apart from his notions of monarchy, he con- 
tributed much to the prosperity of the colony. His 
constant attention to the promotion of trade and com- 
merce, entitle him to applause. Though he did not 
possess the suavity of manners which distinguished 
his predecessor, he was his equal in integrity, and far 
his superiour in acquired knowledge and vigour of 
intellect. His speeches do credit to him as a scho- 
lar, and his arguments required the combined talents 
of the assembly to weaken or destroy. 

George Clarke was descended from an ancient and 
respectable family, of that name, in Somersetshire, whose 
family residenceand estate wasat Swainswick, near Bath, 
and in whose possession, as tradition goes, is a sword, said 
to have belonged to King Bladud, who first discovered 
the virtues of the Bath waters. Mr. Clarke, in early life, 
pursued the study of the law, and was married to Miss 
Ann Hyde, an heiress of the elder branch of the house 
of Hyde, in the county Palatine of Chester, about the 
year 1703 or 1704. He came over to this country, and 
continued in the service of the crown and colony till af- 
ter the breaking out of the war in 1743, when he was su- 
perseded by Mr. Clinton. In the year 1745, on his re- 
turn to Great Britain, he was captured by the French, 
but soon after being released, he retired, for the re- 
mainder of his days, to the city of Chester, where he 
died in 1763, and bequeathed his property to his 
©nly surviving male iswue, George and Edward, who, 
ivith four other of his children, were born in the 



454 History of New-York, 

state of New- York. George was many years se- 
cretary to the province, which he resigned about 
the year 1772, and died at Hyde, in the year 1776, 
having never been married. Edward was in the army, 
and commanded a company of Albany provincials, 
at the taking of the Havanna, under lord Albermarle ; 
and for his services was made a major on the field. He 
afterwards went over to Jamaica, having retired from 
the service, and again returned, in 1772, to this coun- 
try ; from whence he went over to England and died in 
1774. He left only one son, George Hyde Clarke, 
■whose eldest son George, is the present possessor of the 
estates of his ancestors in this state, and has two sons, 
in this country, viz. George Hyde, and Edward Hyde, 
Tvho, on the 5th of August, [811, declared their inten- 
tion of becoming citizens, in conformity to the act 
of congress to establish an uniform rule of naturaliza- 
tion. We have been led into this lineal detail, be- 
cause, in reverting to our history, we find this family 
among tlie few that were high in office, who have re- 
tained their possessions through the convulsions of the 
revolution. 

At the close of the administration of Clarke, the 
finances of the colony were not in the most prosperous 
condition. The duties on negro slaves, wine, rum, 
brandy, cocoa, and dry goods, from September, 1741, 
to September, 1742, amounted to 2197/. 75. \~d. only ; 
while the expenses of government, for about the 
same period, amounted to upwards of 4600Z. This de- 
ficit is to be ascribed to the enormous salaries allowed 
to the lieutenant governour, and other officers, and 
to the large sums of money expended for military pur- 



History of New- York. 455 

poses, and for securing and retaining the friendship of 
the Six Nations of Indians. Whenever the governours 
of the colony required heavy requisitions to be made 
upon the purses of the people, they had only to inform 
the assembly of the evils to be apprehended from 
the intrigues of the French among the Indians, of their 
attempts to alienate their affection from the British^ 
and of the danger to the religion and liberties of the 
people, from the efforts of popery, like true protestant^ 
and Englishmen, they immediately voted large sup- 
plies. 



HISTORY OF WEW-YOMK, 



PAllT XT. 

including fro?n (he Year 1743 to the Year 1745, beinj^ 
two Years of Governour Clinton'., Administration.'^ 



'5 



\ L Arrival of goveraour Clinton. § If. The pretender obtains the 

French uiterest in his favour for the invasion of England ; war be- 

tween France and England. § III. Meeting of the assembly. 

§ IV. Its continuance regulated ; measures of defence and other pro- 

ceedings. § V. April session, 1 744 ; assembly unite with the -over- 

nour in war measures. § VI. Remarkable claim of lieutenant gover- 

nour Clarke. § VII. July session. § VIII. Bill requiring test 

oaths ; British fur tra^le ; defence of Oswego. § IX. Cannon sent 

to Georgia ; complaint by Virginia against the Indians. § X. In- 

vasion of Canada ; paper currency. § XI. Assembly disinclined to 

attack Canada ; rupture between it and the lieutenant governour - 

dissolution of the house. * 



The arrival of Mr. Clinton diffused no little joy 
throughout the colony. Very favourable accounts of 
that gentleman's talents and liberality had reached the 
inhabitants, and they were induced to believe that his 
whole attention and services would be devoted to the 
prosperity of the country. His address to the legisla- 
ture, on his arrival, tended to confirm these favourable 
impressions. His assurances that the welfare of the 
f^olony should b© hi^ "chief care and study," were re- 

.58 



458 History of Ncw-Yorh 

ceived with unbounded confidence, Mr. Clinton, ac> 
ct^rding to the practn e of former governouf?, on tht 
first publication of their commission, dissolved the 
general assembly, and issued writs for a new election ^ 
a practice highly agreeable to the people, and especial- 
ly at the present juncture of affairs in England. 

9 II. The chevalier de St. George, (tiie pretender,") owv 
ipg to the dissentions in the British parliament, had been 
encouraged to believe that a powerful party in England 
and Ireland were ripe for a revolt in his favour. He 
bad given the French court to understand that if he, or 
his eldest son, Ciiarles Edward, a youth of promising 
talents, could appear at the head of a I^rench army in 
JEngland, a revolution in his favt^ur would be the imme- 
diate consequence of his enterprise. Little argument 
was wanting to engage the French ministry in his 
iiiterest. An invasion was soon meditated, and the 
expedition was placed under the directi n of count 
Saxe, who was to command fifteen thousand m::*n. 
A great number of vessels was assembled for their 
embarkation at Dunkirk, Calais, and Boulogne, with 
a view of effecting a landing in Kent, in England, 
under convoy of a strong squadron, wliich wah 
preparing at Brest. In .Tanuary, M. de Roquefeuille, 
sailed from that port with twenty ships of vvar> 
The English government was not unapprised of these 
hostile preparations, and every exertion was made to 
guard the coast again.st the threatened invasion. The 
French king declared war agakist England on the 20th 
day of March, 1744, and oti the 31st of the same 
suonth, England made a S!ii>Uar (Jeclaration agains* 
France. 



Uisiory of Xeiv-York, 459 

} ITT. To alarm the colonists, to call their loyalty 
into action, and to induce them, like true Eni^lishmen, 
lo direct all Iheir energies to one object, it was only ne- 
cessary to tell them that their religion and their lii^er- 
ties were in danger from the pretender and the pope ; 
an association of diaracters which was the constant 
representation of rebellion, treason and destruction. 
Colonel Morris, who has already been mentioned, re- 
ported an address to his excellency, at the Novem- 
ber session, in 1743. This gentleman, although hos- 
tile to the court, could not resist the powerful 
influence which these threatened multiplied evils 
had produced on the minds of the people. He was, as 
usual, returned a member from Westchester, and the 
a Mress, which he reported to the assembly, was an ef- 
fusion of loyalty to the British king, and exhibited a 
zealous adherence to the religion of his ancestors. The 
speech of the governour was mild and unassuming. 
The answer was complimentary, and passed .over in si- 
lence all the former subjects of difference between the 
executive and the assembly. 

6 ly. Yet soon after the opening of the session, 
the house recurred to a discussion which had hhh- 
erto frequently occupied it^ attention. It voted, 
nemine contradicenk, that a bill be broiight in to as- 
certain the continuance of Ihli; and all succeedinisr 
general assemblies in the coJo^r. It will be seen, 
from the history of the colony, that the frequent 
adjournments, prorogations, and dissolutions of the 
assembly, on account of their attachment to the in- 
terests of the people, were particularly obnoxious. 
Besides, the great expense incurred by these pow- 



460 IRstory of New- Fork. 

erful instruments of monarchical power, the people 
were often required to make an election when, but a 
few months before, their representatives had been 
discharged from service on the charge of obstinacy and 
disloyalty ; and the whole force of executive influence 
was directed against their re-election. It is true that 
these efforts were generally unavailing ; but feuds and 
quarrels were created thereby unfriendly to the peace 
and comfort of the colony. The bill for limiting the 
continuance of the general assembly was passed, and 
received the assent of the governour. At this session 
likewise a bill for the relief of imprisoned debtors was 
passed into a law. The militia of the colony was plac- 
ed under better regulation, after some difference of 
opinion between the house, and the governour and 
council. The credit of the paper currency was sup- 
ported by a law ; legacies were made recoverable in 
the courts of common law, and the annual supply bill 
was, as usual, discussed, and, after some restrictions, re- 
ceived the assent of the governour and council. The 
small pox prevailing in some of tiie West India islands, 
occasioned the introduction of strict quarantine regula- 
tions. Although the bill for regulating prosecutions 
by information passed the house, it was not acted upon 
by the council. The attorney general, it seems, had too 
much influence with that body, to permit so lucrative a 
branch of his business to be sacrificed. The governour, 
after communicating to the house the European intelli- 
gence he had received in relation to hostilities with the 
French, and exhorting the house to unite in resisting 
the encroachments of the enemy, adjourned the house 
to April, 1744. All local subjects of dispute among 



History of New-York. 463 

the coionists, seemed now lo be absorbed in the more 
important considerations of warfare and defence. 

? y. Ardent in the support of the British crown against 
the power and influence of the French and the pretender, 
the people were not inclined to examine too closely the 
tjonduct of their rulers. So zealous was the assembly 
in the cause of their king, that at its April session, in 
1744, it united in addressing the governour to thank 
him for his speech, and to express the abhorrence of 
the base designs of his majesty's enemies of invading 
liis kingdom in favour of a popish pretender ; declaring 
how sensible they were of the happiness they enjoyed 
under his majesty's reign ; and that their civil and reli- 
gious rights, next under God, depended on the protest- 
ant succession in his illustrious house : That they would 
cheerfully concur in every measure for the security 
and welfare of the colony, which they were well as- 
sured his excellency had sincerely at iieart. The sin- 
cerity of the assembly, in this address, is evident from 
the earnestness with wliich they pursued the system of 
defensive measures. Upwards of four thousand pounds 
were voted for fortifications, and other military opera- 
tions ; a tax upon all the estate, real and persoal, of the 
inhabitants, was likewise voted to defray the expense. 
The house requested the governour to send a detach- 
ment of troops to Oswego, which post, it was said, was 
in danger from the enemy, and voted to pay the charge 
of transporting and victualling those troops. 

^ VI. The former lieutenant governoiu', Clarke, present- 
ed a memorial to the house, setting forth that the sum of 
33,203Z. 175. 1^(1 was due to him from the colony, as 
well under several of its laws, as by virtue of several 



462^ History of Nav-Yorh 

warrants signed in council, and praying that tlie 1rea-r 
surer of ihe colony might be directed to pay it. The 
treasurer having been seized with a copy of this me- 
inorial, repelled the chciigo made by Mr. Clarke, insist- 
ing that not more than one thousand and sixty-two 
pounds was due to Mr. Clarke, and that he would long 
since have endeavoured to pay the arrears, could he, the 
treasurer, have obtained from Mr. Clarke any account 
of ihe several bills or drafts on him, payable to other 
persons, in order to compare and examine the same 
with his own accounts : That Mr. Clarke had, during 
his whole administration, been as duly paid, if not bet- 
ter, than any govcrnour or commander in chief. This 
altercation only proved that Mr. Clarke was willing to 
indulge his spleen against a faithful officer, who could 
not be made subservient to his political views. The 
subject did not again appear before the house, although 
Mr. Clarke was served with a copy of the treasurer's 
denial of the facts charged in his memorial. 

^VII. The assembly, having taken a short recess, 
was reassembled in July. The governour, in his 
Speech, informed the house of the war in Europe, 
and of the causes which produced it. He stated, 
that the several fortifications in New-York, Albany, 
Oswego, and the garrisons throughout the colony, 
required augmentation and support: That some can- 
non and ammunition had been sent to Oswego, to- 
gether with a reinforcement of men : That a detach- 
ment had been sent to Saratoga : That an interpreter 
had beien sent to the Indians ; and that six of them had 
likewise been employed as scouts, and to watch the mo- 
tions of the enemy : That at the interview which his ex-r 
cellency had witu tiie Six Nalioos of Indians:, at Al-^ 



History of New-Yorh 463 

bany, they appeared disinclined to take a part in the 
war, unless the French atten)pted to invade tlie pro- 
Tince : 'i hat commissioners from Massachusetts and 
Connecticut had likewise attended tliat interview, in or- 
der to revive the ancient amity and alliance, which 
subsisted between those provinces and the Indians, 
and his excellency had given encouragement to that 
object as a measure wljich would strengthen his majes- 
ty's interest in America. He also exlioited the house 
to provide against attacks upon the coast, and to take 
measures to guard the colonial commerce from the de- 
predations of the enemy. He regretted the heavy ex- 
pense to which the people would be subject, but he 
trusted that the important objects in view, viz. the 
protection of their civil and religious rights would be a 
sufficient compensation for the expense. The assembly 
directed its clerk to write circular letters to all the 
meml)ers of the house, requiring their punctual attend- 
ance. It afterwards voted, unanimously, that as his ma- 
jesty was engaged in a war with France and Spain^, the 
house would provide ways and means for putting the 
colony Into such a posture of defence as would on the 
one hand discourage the enemy from making an attack., 
and on the other, would excite the inhabitants to make 
a vigorous defence, in case such attack should be made. 
The assembly were industriously employed in prepaid 
ing for the war. Supplies were liberally voted. 

^ V III. A bill was brought in, requiring all pej> 
sons in the colony, to take the oaths appointed by 
parlia iient for the security of the government and the 
protestant reliiji,ion. Mr. Jones, from tlueens county, 
opposed the bill. He stated that there was not one pa- 
|iist or Jacobite iu a hundred in the colony, aiid that tae 



464 History of Nerv-York, 

provisions in llie bill were unreasonable, and placed the 
inhabitants under restrictions, which were improper and 
imnecessary : That the loyalty of the colony was never 
doubted, and that the bill seemed to imply that there 
were reasons to question their allegiance to the British 
crown, which was a reflection highly unjust and injuri- 
ous. In support of the bill, it was urged that in Dutch- 
ess county, a niunber of Moravians were unfriendly t© 
the government, and secretly exciting the Indians to 
revolt. The bill was carried by fourteen votes to se- 
ven. Quakers were indulged in affirming instead of 
swearing. Meanwhile the war had occasioned consid- 
erable alarm along the frontiers. Their exposed situa- 
tion, as it regarded the French government, in Canada,, 
and the Indians in the interest of that crown, had seri- 
ously injured the British fur trade, from which great 
profit had been derived. The Indian traders, at Oswe- 
go, had abandoned the place upon the first notice of the 
war. This gave great encouragement to the French, 
who improved it much to the disadvantage of the En- 
glish. The Indians began to look to the enemy for 
protection, believing the English were too weak or too 
pusillanimous to defend their rights. An attack upott 
Oswego was likewise designed by the enemy. The as- 
sembly ordered that a detachment should be sent from 
Albany to increase the garrison at Oswego, and voted, 
that in case that place should be attacked, further rein- 
forcements should be sent, at the expense of the colo- 
ny. Vigorous measures were, every where, adopted 
to give the enemy a warm reception. Stephen Van 
Rensselaer, esquire, had engaged to furnish fire wood 
and candles for all the garrisons in Albany county, and 
the house voted the necessary supplies. 90/. were vot- 



History of New-York. 465 

ed to Mr. Jacobus Bleecker, for his services, as inter- 
preter for the Indians. 220/. were appropriated for 
presents to the Indians, and for the expenses of tlie 
commissioners for Indian atfairs at Albany. Large 
sums were voted for other purposes, and nothing was 
wantin.^ to evince the loyalty and zeal of the assembly. 
Several French prisoners having been brought into tiie 
colony, the governour requested the house to make 
provision for their support. The assembly, in its an- 
swer, proposed that the prisoners should, w ithout delay, 
be sent out of the colony, as the charges of the war 
were already sufficiently severe upon tlie people. The 
governour assented to the reasonableness of this propo- 
sal, and gave assurance that speedy measures should be 
adopted to carry it into effect. The prisoners were af- 
terwards sent to St. Domingo, vmder a flag of truce. 

^ IX. The proceedings of the governour and coun- 
cil were alike decided with those of the assembly. 
Fourteen twelve pounders were sent by that body to 
general Oglethorpe, the governour of Georgia, to aid 
in the defence of that colony. Supplies were prohibit- 
ed to be sent to Cape Breton, and the exportation of 
gunpowder was interdicted. A complaint was made 
to the council by the governour of Virginia. He 
stated that some of the Six Nations of Indians had ap- 
peared on the frontiers of that province, and had killed 
some of the white people, and carried off their proper- 
ty. The commissioners of Indian affairs addressed the 
governour on the subject, who sent an interpreter to 
Onondaga, to make enquiries from the Indians. The 
interpreter returned with an answer from them, denying 
the complaint in part, and adding that the Virginia, 
people tirst fired upoa the Indians. 

59 



466 Ilistori/ of New-York. 

^ X. The English government now gave express; or- 
ders to the governour, to carry hostilities into the ene- 
my's territory. The Canadas were always viewed as 
an object of the greatest importance to the British 
crown. The present war aflforded an opportunity of 
obtaining this prize, and the governom' was known to 
be devoted to the interest of the ministry, and that he 
would leave no expedient untried to prevail an the as- 
sembly to second the crown in this enterprise. Ac- 
cordingly, at the March session, in 1744-5, he informed 
the liouse, that the attempts made by the French, the 
preceding summer, upon Annapolis, had induced the 
province of Massachusetts to form a plan for invading 
the French settlements in Canada ; and that governour 
Shirley wished the colony of New-York to co-operate 
with Massachusetts in this design : That he, Mr. Clin- 
ton, had sent ten pieces of ordnance to Boston, and he 
urged the house to adopt measures for carrying on an 
oiFensive war against the French. Before the house 
proceeded to consider the speech of the governour, the 
intelligence, received from England, relative to the paper 
currency of the colony, became highly alarming. Tiie 
speaker declared, from the chair, that there was a bill 
pending before parliament, to prevent the issuing of 
colonial bills of credit, and the making them a legal 
tender in payment of money : That this bill, if passed, 
would be injurious to the colony. The house appoint- 
ed a committee to consider the subject. This commit- 
tee made a long report, clearly evincing the utility of 
this species of paper money ; and that, without it, the 
colony would not have been able to support the go- 
vernment, especially in raising forces ; and that the 
credit of those bills had never been impaired. The 



Hislory of New-York, 467 

house voted that agents should be employed in Eng- 
land to oppose the bill before parliament. 

^ XI. The house now entered upon the subjects re- 
commended ill the governour's speech. Contrary to 
parliamentary usage, it neither voted an address 
to the governour, nor any answer to his speech. A 
strong party was forming to oppose those gigantick 
views of conquest, which the British entertained as it 
regarded the Canadas. The house was resolved upon 
defending the colony and securing tlie friendship of 
the Indians ; but it deemed the conquest of Canada a 
business of the crown, and not appertaining to the colo- 
nial affairs. This sentiment of the house was offensive 
to the governour, who had sent assurances to England 
of tlie willingness of the colony to support the war, 
and that it was here a very popular measure. On the 
14th of May, 1745, he sent for the assembly; he charg- 
ed the house with rudeness and incivility in omitting 
to answer his speech : That suflicient provision had not 
been made for enabling the governour to have the ne- 
cessary intervievv's with the Six Nations of Indians, and 
for making them suitable presents ; That by thus neg- 
lecting the means of securing the lidelity of the In- 
dians, the enemy were enabled to seduce them from 
their allegiance, and to gain an ascendency over them : 
That the erecting of blockhouses and forts, and the 
maintenancNB of scouts, to watch the motions of tlie ene- 
my, had not received due attention from the house. 
The governour, after complaining of some otlier mat- 
ters, dissolved the house. This was the first open dis- 
agreement between the assembly and Mr, Clinton. Its 
causes were easily traced. The taxes imposed upon 
ihe colony were already very great, and the house felt 



468 Hislory of New-York. 

no disposition to increase them, unless for the purposes 
of defence only. On the other hand, \\\e Canadas were 
too valuable an acquisition to the crown to be aban- 
doned. Yet the charge of supporting a war against a 
Idngdorn so powerful as France, was burdensome to 
the nation ; and it was natural to suppose that the min- 
istry wished the colony to participate in the expense. 

Other subjects of irritation likewise existed between 
the goAernour and the house. Richard Bradley, esq» 
his majesty's attorney general, had made himself 
obnoxious on account of the enormous exactions he 
had imposed upon the people. The assembly had de- 
termined to restrain the exercise of this officer in re- 
gard to mfonnations. The governour and council were 
resolved to support the attorney general. Besides, the 
governour thought himself ill treated in other respects. 
Intelligence had been received that seven French ships 
of war, viz. two of seventy-four guns, two of sixty-four 
guns, two of fifty-six guns, and one of thirty-six guns, 
with upwards of twenty sail of transports, and three 
thousand six hundred troops, had arrived at Martinique, 
for the American station. This fact had been com- 
municated to the house, as well as certain letters from 
the duke of Newcastle, signifying his majesty's orders 
as to the mode of carrying on the wai", and as to an at- 
tack upon the French settlements in Canada. Com- 
modore Warren likewise had received instructions 
from the crown to demand assistance from the colonies, 
either in men, provisions, or vessels. All these sub- 
jects, though pressed upon tlie house, were not regard- 
ed in any particular mannci;, nor called from them any 
further measure? oi- support, Jt may be addcd^ thtit 



History of New-York, 469 

Ihe governoiir had laid before the assembly a petition 
from some of the settlers on the northern fiontiers, 
setting forth their exposed situation as it regarded the 
Indians, and praying for protection, and that the house 
had taken no order upon it. All these circumstances 
tended to-widen the breach between the governour and 
the legislature ; and what at length, in addition to 
other causes, created an open rupture, was the omis- 
sion of the house in providing for repairs done to the 
fortifications at Oswego at the commencement of the 
French war, and in furnishing lieutenant Butler with 
necessaries for his passage to Oswego the preceding fall. 
The governour's pride was likewise sensibly affected 
by the high and decided tone assumed by the house as 
it related to the government in general. He made use 
of the following language to the house : " You have 
adventured to take upon you tlie assignments of the 
plans for erecting batteries within this city ; to direct 
the ninnber of guns to be placed upon them, and to or- 
der the issuing out of gunpowder provided for the use 
of the publick, without consulting me in eittier respect ; 
which, in effect, is assuming the administration of the 
government, and wresting his majesty's authority out 
of the hands of the governour. Thus from an invinci- 
ble untowardness on the one hand, and an inordinate 
thirst of power on the other, you have become, as it 
were, a dead weight against the other branches of ttie 
legislature." 

Yet if we consider the proceedings of the bouse in 
their true light, we cannot concur in the severe censure 
which was cast upon it by the governour. All its pro- 
«"eedings are strongly marked with attachment to the 



470 History of New-York. 

crown and resolution to defend the rights of the colony. 
It liad been lavish of its resources, and had imposed 
heavy burthens upon the people to assist in the prose- 
cution of the war. It had voted premiums to such pri- 
vateers as should take or destroy any of the armed 
vessels of the enemy between certain plac.es on the 
coast. It had resolved to place the city of New- York 
in a posture of defence, and had directed estimates of 
the expense to be laid before the house ; and by which 
it appeared that nearly 8,000/. would be necessary for 
the purpose. The punctilio insisted upon by the go- 
vernour, that it was his exclusive right to assign places 
for erecting fortifications, was hardly worthy of notice 
at this crisis, unless the exercise of it by the assembly 
had been abused or neglected ; this indeed was not 
pretended. Although the assembly had not, at this 
session, co-operated with the neighbouring colonies in 
Ihe proposed attack upon the French settlements in 
Canada, yet this omission had not proceeded from a 
want of loyalty, nor was it just to make it a subject of 
complaint. 

The forwarding of cannon to Boston, and also to the 
province of Georgia, (the very freight of which had 
been paid by the assembly) was surely an act which de- 
served some credit from the governour on the score of 
liberality and patriotism. No " inordinate thirst of 
power" had influenced the legislature in its delibera- 
tions, unless that may be so termed which tended to 
check the misapplication and waste of publick monies. 
If the house could be charged with " invincible unto- 
wardness," it was only in resisting the overgrown influ- 
ence of the crown and of its ministers. If the assem- 
bly " assumed the administration of the government^" 



History of Neiv-York. 471 

it was to protect the subject from oppressive taxation, 
and to secure tlie liberties of the j^eople from tyranny 
and despotism. Posterity will always remember, with 
gratitude, the men, who, in the worst of times, and 
without shrinking, could meet the frowns of a govern- 
ment, whose lust of power and culpable ambition could 
involve in misery and ruin the very people it was bound 
by every sacred tie to foster and protect. 



HISTORY OF ^EW-YORK, 



PART xn. 

Including from the Year 1745 to the Year 174Q. 



5 T. Massachusetts requests the aid of New-York in an expedilicn 
against Louisburijh; Vvarreo arrives wi!ij a fleet; success before 
Louisburgh ; its capitulation. ^ U- Military operations on the fron- 
tiers of New-York ; inhabitant? of Albany alarmed ; Hosick desert- 
ed, and Saratoga destroyed ; iucursicns of the enemy. § III. Fron- 
tiers of New-England invaded ; Stockbridge attack? d, snd Wood- 
stock destroyed. § IV. Grand conference with the Indians at Al- 
bany ; commissioners from four coionies attend ; conference termi- 
nates in partial success ; Massachusetts dissatisfied with IS ew- York. 
§ V. Meeting of the assembly, and preparations for defence. § VI. 
The governour demands the assistance of the Six Nations of Indians; 
reward for scalps voted. § VIT. General Fuller's regiment arrives 
and sent to Albany ; forty thousand pounds voted to be raised by 
fax. § VIII. Day of fasting and prayer ordered ; a Lutheran priest 
forbidden to preach, and doctor Magraw euspected. § IX. State of 
the frontiers in 1 746 ; murders, &c. by the Indians. § X. Disagree- 
ment between New-York, Pennsylvania and Connecticut as to^sup- 
plying the Indians with provisions, &c. § XI. Meeting of the assem- 
bly in April; governour's message. § XII. Expedition against 
Canada ; proceedings of the assembly ; mortality in Albany. 



J: RANGE and England were now preparing to pro- 
secute the war with vigour. Their respective colonies, 
on the Aoierican Goetinent, were inflamed with the 

60 



474 History of Nenv-YorJc, 

same zeal ; and their hostilities, though less importaiif 
in their consequences or extent, were carried on with 
equal resolution. At an early day, governour Shir- 
ley, of Massachusetts, had communicated to the gover- 
nour of New-York, his desire of forming an expedition 
against Louisburgh,* and requesting the co-operation 
of New- York. Governour Shirley represented that 
such an expedition could not fail of success, if aided by 
a British naval force, which was hourly expected. He 
urged the raising of troops and munitions of war for 
the purpose, and the necessity of despatch. He stated 
that the colony of Massachusetts had, at great expense, 
furnished even more than her quota of men. The as- 
sembly of New-York, which was then sitting, voted 
five thousand pounds towards the expedition. The fleet 
•which had been destined for the American station, un- 
der commodore Warren, had, shortly before, arrived^ 



* Louisburgii, the capital of Sydney or Cape Bretoa island, is situ- 
aied in N. lat. 45, 54, W. long. 59, 55. Its harbour is one of the finest 
iu North America : being almost four leagues in circuit, and having 
six or seven fathoms water in every part of it. Louisburgh stands on a 
point of land on the S. E. side of the island. Its streets are very re- 
gular and broad, consisting mostly of stone houses, with a large parade, 
at a little distance from the citadel, the inside of which is a fine square, 
near two hundred feet every way. On the north side, while possessed 
by the French, stood the governour's house and church ; the other 
sides were taken up with barracks, bomb proof. Cape Breton remaiB- 
ed in possession of the French till 1 745, when it was captured by the 
New-England militia. It was afterwards restored to the French, and 
again taken in 1 753. It was ceded to Great Britain by the peace of 
1763. Cape Breton may be considered as the key io Canada. It is 
separated from Nova Scotia by a narrow strait, called the Gut of Can- 
so, which is the coramunicatioo between tlig.Atlantick ocean and the 
gulf of St. Lawrence, 



History of New- York. 



/.*■ 



smd proceeded to the attack on Louisburgh ; while the 
JNew-England troops, upon landing, took possession of 
one of the principal batteries, Avhich was precipitately 
abandoned by the enemy. This success enabled the Bri- 
tish forces to command the harbour ; and all communi- 
cation with the place, both by land and water, was 
cut off- The French made an unsuccessful attempt to 
relieve the place, and one of their sixty-four gun shipsj 
coming with succours, was taken by the English. War- 
ren, at tills time, laid before the town with live ships of 
war, of considerable force, and expected speedily an 
addition to his squadron of a sixty-four and a forty- 
four gun ship. In June, 1745, Louisburgh capitulated, 
and was taken possession of by the English forces. 

§ II. While these events were passing, the colony of 
New- York was busily engaged with matters which 
more immediately concerned her welfare and protec- 
tion. Intelligence had been received that 1500 of the 
French and 100 of the Indians intended to surprise the 
English settlements near the mouth of the St. Law- 
rence, and on their return, to attack Oswego. Colonel 
Schuyler and major Collins, who had been directed to 
build six block houses at Saratoga, were obliged to de- 
sist, on account of the great numbers of the enemy's 
Indians, who were constantly on the watch, and cutting 
off supplies and troops. Nor were the inhabitants of 
the city of Albany and of the adjacent country, less 
alarmed for theii- safety. Murders and robberies, by 
the Indians, were constantly occurring, and but within 
a few miles of the city. A draft of two hundred men 
was made for the relief of Albany and Schenectady. 
This detachment was taken from the militia of Leister, 
Dutchessj Orange, Westchester, dueens, and Suffolk. 



476 Mislorj/ of Ntw-York. 

The towH of Hosick was deserted by its inliabilant?^ 
and towards the close of the year [November 16, 1745] 
the country or settlements, called Saratoga, was 
almost literally depopulated. The Indians had burnt 
the houses and fort, and committed many murders^ 
pursuing their ancient mode of warfare of scalping 
those unfortunate men, women and children, whom 
they captured. The alarm had even spread into 
Ulster and Orange, and had reached the frontiers of 
New-Jersey and Pennsylvania. Colonel De Kay was 
sent into Orange county to appease the Indians residing 
in that quarter, as they had exhibited great uneasiness. 
The people of Esopus* and Minisink had learnt that a 
plan was to be set on foot by the Indians the ensuing 
winter, for destroying those places, and that large quan- 
tities of snowshoes had been provided for the expedi- 
tion. Many families made arrangements for quitting 
the country. Every where Indian barbarities were 
committed ; while the English government, too much en- 
gaged in foreign conquest, had left the colony to its 
own protection against the iiruptions of a savage ene- 
my. 

^ III. The frontiers of the New-England colonies 
were likewise ^ exposed to attack. Governour Law, of 
Connecticut, had communicated the intelligence that 
Stockbridge w as beset by six hundred French and In- 
dians, while but a short time before, Woodstock, a 
flourishing village, in Connecticut, had been destroyed, 
and one hundred and fifty or two hundred of its mili- 
tia cut off. To add to this catalogue of misfortunes, 
the Six Nations of Indians, who had long been in the 

* Now called Kingston, situate in Ulster county. 



History oj Nen'-Yorl: 477 

English interest, were unwilling to engage in the war 
against the French or their Indians. 

^ IV. In October, 1745, upwards of live hundred of 
the Six Nations had assembled at Ali)any, to hold a 
grand conference with commissioners from New-Yorlv, 
Massachusetts, Connecticut, and Pennsylvania. On 
this occasion, the governour, Daniel Horsmanden, and 
Joseph IVIurray, of the council, attended on the part of 
the colony of New-York ; John Stoddard, Jacob Wen- 
dell, — — Wells, and Hutchinson, on behalf of 

Massachusetts ; Roger AVolcott, and Stanley, of 

Connecticut ; and Thomas Lawrence, John Kinsey, and 
Isaac Norris, of Pennsylvania. It is proper here to 
notice, that about a month before this conference took 
place, JMiissachusetts had declared war against the 
Canada and eastern Indians, on account of the barbari- 
ties which had been committed by them on the frontiers, 
and that the Mohawks had been invited by the govern- 
ment of Massachusetts to join in the war against the 
others. This conference, therefore, at Albany, was 
principally with a view to conciliate the Six Nations of 
Indians, and to induce tliem to take up the hatchet 
against the French. It was not, however, attended by 
those advantages which had been anticipated. Al- 
though this conference was held in a style of dignity 
and solemnity, which had seldom, if ever before, been 
witnessed ; although men of the first talents and respect- 
ability, from four different colonies, had united their 
influence and exerted their eloquence in persuading 
these savages to take a part in the war, yet the charac- 
teristick cunning of that people was proof against all 
these arts. Whether it was a deficiency in the presents 
which were made theni i, or, an aversion to enter into a 



478 History of New-York. 

war r.2;alnhl the French Indians, with whom they had 
heretofore been on terms of friendship; or wiietlier, 
as they pretended, they must first consult the Indians 
living more northerly, before they could give their con- 
sent, cannot now be ascertained. Certain, however, it 
is, that tiic answers they gave at the conference were 
evasive and unsatisfactory to the commissioners. At 
one time they said that tiiey would first send to the 
Canada Indians, and demand satisfaction from them for 
the murders they had commiUed, and if not given, then 
that they would enter into the war. Again, they would 
pretend that rumours had been spread abjoad, that the 
English and the governour of Canada were in a secret 
understanding to destroy the Indians, and take away 
Jlheir lands : That it had likewise been reported that the 
Albany people intended to kill the Mohawks, and to 
take possession of their land. The commissioners en- 
tered into Song discussions with them on these various 
subjects, and shewed their entire falsity and absurdity. 
No argument, however, could serve to convince them 
of the propriety or necessity of immediately joining in 
the war. All that could be eftected was a treaty with 
the Indians, by wiiich they stipulated that in case they 
could not v.'ithin two months procure satisfaction from 
the French Indians for their hostilities upon the bor- 
ders of New-England, or in case any further hostilities 
should beco mmitted, then they would, upon receiving 
orders from the governour of New- York, join in the 
war. iVfter the making of the treaty, an express amv- 
ed with intelligence that another attack had been made 
on the New-England frontiers. The commissioners 
from Massachusetts thereupon demanded that the go- 
vernour of New-York should isBue orders to the In- 



History of New- York. 479 

dians for immecliatc hostilities. The governour did not 
concur in this demand inasmuch as the two months al- 
lowed to the Indians had not yet expired. The con> 
niissioners from Massachusetts testified much dissatis- 
foction at tliis conduct, and intimated that they expect- 
ed that the governour of New- York would, in this 
emergency, have immediately taken decisive measures. 
The governour, however, was unwilling to commit him- 
self in this affair. He told the commissioners from 
Massachusetts that he would lay the subject before the 
general assembly and council, and take their opinion 
upon it. The commissioners from Massachusetts 
threatened to represent to the king the conduct of the 
governour of New- York, and how reluctant he had 
been in supporting the war or in securing the attach- 
ment of the Indians. Much altercation ensued. The 
governour of New- York sneeringly enquired what the 
colony of Massachusetts had heretofore done to conci- 
liate the atfection of the Indians, unless when some pri- 
vate object was to be gained exclusively by that 
colony ? AVhether, in times of peace, that colony 
had not wholly neglected taking any measures in 
relation to them, while New-York, at a great ex- 
pense, had annually made them presents, and taxed 
her inhabitants to defray it ? In the end the con- 
ference failed in answering the expectations which had 
been raised, and the commissioners separated from each 
other with sentiments of jealousy and disgust. 

^ y. The assembly, which met on the 25th of June, 
1745, were addressed by the governour on the state of 
the war, and the necessity of pursuing vigorous mea- 
sures to support it. The house were inclined to con- 
cur with the governour, and seemed disposed to be lib- 



480 Hisiofy of Nov- York. 

eral in 2;iaiitinc supplies. Benrv Beekman, of Alba- 
ny, was authorized to provision the garrison at Oswe- 
go, which was ordered to be doubled in number. Col, 
Philip Schuyler was directed to purchase gunpowder 
for the use of the fortifications at Albany. Col. Elijali 
Hutchinson was authorized to perform the same services 
in Suffolk county, while .Tohn De Peyster and Philip 
Livingston, jun. esquires, were directed to provision the 
detachment of militia to be used in defence of the fron- 
tiers, and particularly Oswego. A large sum of mo- 
ney was voted to the commissioners of Indian affairs 
for scouts and other purposes of protection and de- 
fence. Anthony Bleecker, John Abeel, and Gerardus 
Lansing, who had resided among the Onondaga Indians 
the winter before, were compensated for that service, 
and Jacobus Bleecker, the Indian interpreter, was re- 
tained in that appointment. Nearly four thousand 
pounds in addition were voted for fortifications and 
repairs in and about New- York, and for raising troops 
to be sent to Oswego. The fortifications at Schenect- 
ady were also put in a better state of defence. 

^ VI. The destruction of Saratoga authorized the go- 
vernour of New- York to demand assistance from the 
Six Nations, according to their treaty at the last confer- 
ence. Accordingly he informed the assembly that 
their aid should be required. At this session a vote was 
taken which can only be justified on the ground of re- 
taliation. The house voted a reward of ten pounds for 
the scalp of every male of the enemy above the age of 
sixteen years, but if such male were taken prisoner 
alive, then the reward was doubled. This last was a 
humane provision, which took away the temptation to 



History of New-York. 4S1 

commit murder. The lioiLse ordered the bill to be 
broui^lit in at the next meeting, and, when it passed, it 
contained some other provisions wiiich softened its 
more obnoxious features. The enemy's Indians had, 
in many instances, been guilty of the most shocking 
murders, and had usually destroyed and scalped the 
prisoners they had taken. The retaliatory system adopt- 
ed by the assembly, was productive of good effects^i 
and checked this barbarous warfare, so repugnant to 
the princij)]es of humanity. 

^ YII. The house, when it met, in December, 1745, 
was informed, by the governour, of the fears which 
bad been entertained for the safety of Albany, and that 
some of his majesty's troops had beeu sent up for its 
defence. General Fuller's regiment had arrived at New- 
York, the preceding February, and had been placed in 
the fort till captain Peter Winne, one of the representa- 
tives from Albany, could employ sloops to carry them 
to Albany. The governour laid before the house letters 
from colonel Philip Schuyler, major Jacobus Swart- 
wout, Cadwallader Golden, esquire, and lieutenant go- 
vernour Phipps. All but the last, related to the active 
operations of the enemy, the defenceless state of the 
country, and the necessity of further measures of de- 
fence. Lieutenant governour Phipps's letter contained 
a proposition for concerting measures to annoy the ene- 
my, in unison with the colonies of New- York, Gon- 
necticut, New-Hampshire, and Rhode Island. The as» 
sembly did not immediately act upon these subjects, 
owing to the shortness of the session. Nor indeed was 
it practicable to proceed with any prospect of success, 
until the necessary funds were raised. Accordingly, 
in July, a bill for raising 40,000/. by tax^ passed 

61 



482 Hislorij (f Kcrv-York. 

the assemblyy aiid received the assent ol the govef- 
nour. 

^ VIII. Notwithstanding the colony was engaged in 
a very ruinous war, which called for all her fortitude 
and resources, yet she was not inattentive to lier reli- 
gious concerns. On the 26th of February, a day of fast- 
ing and prayer was directed to be observed throughout 
the colony, in order to implore the divine goodness, to 
crown his majesty's arms witli success, and to protect 
the inhabitants from the barbarous incursions of the In- 
dians, and the still more detestable plots of the French, 
and the pretender. Nor was the government disposed to 
permit schismatical preachers to disseminate their doc- 
trines among the people. A Mr. .John Lodow^yck 
HofTgood, a Lutheran priest, was forbidden to preach 
until he had obtained the governour's license ; and a 
doctor Magraw, suspected of being a pensioner to the 
French, was restrained by the council in the liberty h& 
had formerly enjoyed. 

^ IX. In the beginning of the year 1746, the enemy 
and their Indians had become so elated by success, that 
marauding parties had frequently been seen within a 
very short distance of the city of Albany, and some of 
them, wlien protected by the night, had even ventured 
into the suburbs of the city, and there laid in wait to 
take prisoners. One of the enemy's Indians was pe- 
culiarly expert in enterprises of this kind, and had sel- 
dom failed of securing and carrying off his prey, with- 
out hindrance or detection, even withui the confines of 
the city of Albany. IVIany singular stoi ies are related 
of this Indian, who was called Tomonwilemon. In 
May, two negroes had been carried off by a part} 
<>£ French Indians, about eight miles from Albany, 



History of New^York. 483 

Major Collins, with about seventy men, went in pur- 
suit of the enemy. One hundred and sis men like- 
"wise were detached from the city of Schenectady. 
The track of the Indians was discovered by tlie 
fires they had made, and they were pursued above 
Schenectady, but without success. Jit the house of 
one Simon Groat they had murdered and scalped a 
boy, taken one man prisoner, plundered and set fire to 
the house, and shot a man In atteuipting to escape by 
swimming over the river. Hostilities of this descrip- 
tion w^ere so common, and sa difficult to guard against, 
that the whole country was in a state of alarm, and 
many of the inhabitants, with their families and valua- 
bles, were seeking shelter in the nearest block house 
or fortification they could find. Abraham Glen, 
esquire, of Schenectady, applied for permission to raise 
a company of one hundred volunteers, for the defence 
of the frontiers, which the governour and council 
thought proper to grant. The inhabitants of Clave- 
rack and Kinderhook solicited protection from the ene- 
my, and urged the necessity of having garrisons in two 
block houses, to the northward and eastward of Kinder- 
hook. The province of New-Jersey began now to be 
also seriously alarmed. Her government directed five 
hundred men to be raised, and that a bounty of 61. 
should be allowed to eacii man. The sum of 2000/. 
for other charges, incident to that service, was likewise 
ordered to be raised. 

^ X. A disagreement between the colonies of New- 
York, Pennsylvania and Connecticut, as to supply- 
ing the Sis Nations of Indians with the provisions 
of war, was productive of ill consequences to the 
x?bmmon cause, and seemed to keep alive ttie jealousy 



484 Histortj of New- York. 

ivhicli had, for some time before, existed. The general 
assembly of New-York, at its June session, had voted 
that the colony would, in common with the neighbour- 
ing governments, bear a |>roportionale part of tlie ex- 
pense of furnishing provisions for such of the Six Na- 
tions, and of those in alliance w'ith them, as would pro- 
ceed on the expedition against Canada. The legisla- 
ture of Connecticut, to whom this vote had been com- 
municated, declared that it was unreasonable for New- 
York to expect from them the assistance desired, inas- 
much as those Indians were within the territory and 
governulent of New- York. 7'he legislature of Penn- 
sylvania made for answer, that it did not appear that 
the king had directed cUiy application to be made to 
that colony ; but, on the contrary, liad recommended 
that matter to the government of New-York; be- 
sides, the religious principles of the Pennsylvanians 
would not permit them to be concerned in the business 
of conquest or invasion. It will thus be perceived, 
that though the Britisli colonies were each of them 
eager in the prosecution of the war, yet that the main 
object of the English government in uniting their ef- 
forts against the common enemy, was, in part, unattain- 
ed. 

9 XI. In April, 1 746, the governour informed the as- 
sembly that admiral Warren requested a reinforcement 
of troops to be sent to Louisburgh, and that the king 
had directed to be sent to the colony, a skilful engineer, 
to assist in repairing our fortifications, erecting batte- 
ries, and building forts upon the iVontiers, under the di- 
rection of the governour, for the time being; and that 
the said engineer should be allowed twenty shillings 
per diem, for his services : That captain Collins, fraixi 



History of New- York. 485 

Virginia, was making the best of his way for Cape Bre- 
ton, with the transports under his convoy, and that he 
could iiot lose time to stop at New-York to take the 
liuby under his care ; but that this ship might remain 
till she could sail under convoy, or until farther orders,, 
The governour urged the house to employ a privateer 
to convey forces to Louisburgb, as there was reason to 
appreiiend an attack from the French. The assembly 
having maturely considered the message of his excel- 
lency, were of opinion, that as the colony was very 
miK-h exposed, and most liable to the attempts of 
the enemy, no troops could at present be sent out of the 
colony without greatly endangering her safety. 

^ XII. The fears of the assembly were not without 
foundation. It was soon found, [in June] that unless a 
large force was sent to the frontiers, the French and 
Indians would be completely masters of the country. 
Captain Livingston moved that provision should be 
made for sending four hundred and iifty men, and fifty 
Indians to the northei-n frontiers ; and the motion be- 
ing carried, it was sent to the governour for concur- 
rence. On the 6th June, the governour sent a message 
to the house, the subject of w^iich, for many months 
after, almost exclusively occupied its attention, and 
was deeply interesting to the colony. It was no less 
than an expedition against Canada, which had been de- 
termined on by the British ministry, and was to be car- 
ried into effect by the strength of the English colonies, 
aided by a naval force from Great Britain. The mes- 
sage stated that the governour had received a letter 
from the duke of Newcastle, bearing date the 9th of 
April preceding, (and which letter had been transmit- 
ted to him by express from Governour Shirley) by 



486 History of Neiv-York. 

which his majesty had thought proper to order an ex- 
pedition against the French settlements in Canada, and 
that the governours of his majesty's colonies should 
raise as many men within their respective governments 
as the shortness of the time would permit. That each 
company should consist of one hundred men : That the 
f roops so to be raised in N. York, New-Jersey, Pennsyl- 
vania, IMaryland and Virginia, should be placed under 
the command of Mr. Gooch, the governour of Virginia, 
who had been ])romotedtothe rank of a brigadier gene- 
ral. The governour, in his message, urged the happy con- 
sequences which would result to his majesty's colonies, 
and the British interest in general, from the success of 
guch an enterprise, and that he was well assured that 
the house would co-operate with its usual ardour in 
support of his majesty's honour and service, and f(jr 
the advancement of the common cause. The house, 
with an unanimity seldom i-H-^fore known, addressed the 
governour in the most loyal manner, evincing the great 
pleasure with v^hich the message was received. The 
members, in their answer, assured the governour that 
their hearts and hands should be unceasingly emplo}- 
ed in the great work set before them, and that they 
would come to such resolutions as should immediately 
forward the important design : That the whole of their 
proceedings should be conducted with such unanimity 
and despatch as would add to the pleasing hopes of a 
happy success, and prove them fully sensible of their 
duty, loyalty and gratitude to his majesty ; of the due 
regard to the ease, welfare and security of those they 
represented ; and of that just resentment which should 
animate them in opposing the perfidy and cruelty of 
their most dangerous enemy. This answer, as may well 



History of Ne7V-Yorl\ 48T 

1)e supposed, was very agreeable to the governoiii-. In 
his reply he returned the house his most hearty thanks 
for its becoming loyalty and gratitude to iiis majesty, 
and the great satisfaction he had received in witnessing 
the zeal and resolution of the assembly, xillhough the 
heavy debts which had been coHtracted l)y the colony, 
for its defence, were severely feit by the inliabitants, 
yet the house immediate]}' voted a bounl y of six pounds, 
over and above the king's pay, to each able bodied 
man who should voluntarily enlist in liis majesty's ser- 
vice on the intended expedition. (JOOO/. were likewise 
voted for the immediate purchase of five hundred and 
seventy-five barrels of pork, three hundred and thirty- 
seven barrels of beef, one hundred and eighty thousand 
weight of brown biscuit, six thousand gallons rum, 
fourteen hundred and six bushels of Indian corn, the 
like quantity of peas, tw^enty thousand weight ofba- 
con, and twenty-four barrels of rice, for victualling the 
forces tliat were, or might be raised, in the colony, for 
the said expedition. Major Van Home, captain Rich- 
ards, Dirck Ten Brock, and Mr. John J, Cuyler, were 
appointed commissioners for procuring the provisions 
so voted. A bill to prevent the exportation of provi- 
sions, gunpowder, arms, and all kinds of ammunition 
and warlike stores, was brought in and passed. A joint 
committee, cf the council and assembly, was appointed 
to consider of the most speedy and effectual means to 
be adopted by the colony in forwarding the intended 
expedition. The governour directed the commission- 
ers of Indian affairs at Albany, to invite the Indians to 
a conference on the 20th June, in order to engage them 
in the war, and recommended them to provide for some 
additional presents to be made to theai at the time. 



488 Hisioij/ oj New-York. 

He also told llie house lliat he had written lo the 
governours of the neigbhouring cok)nies, to pre- 
vail with them, to join in the expense of engaging the 
Indians in the war. The house resolved, that in their 
opinion, the neighbonring colonies should bear a pro- 
portionate part of the expense of provisioning the In- 
dians employed in the contejnplated enterprise. It 
also declared, that every person who should voluntari- 
ly enlist into his majesty's service, should be exempt 
from all arrests for any debt due to any one person, 
under 20/. and from being impressed or detached upon 
any future service, for the term of two yeais after such 
enlistment. An additional bounty of 405. and a blan- 
ket, Avas voted to be allowed to each of the first thou- 
sand men who should enlist into the service. A bill for 
impressing ship carpenters, house carpenters, joiners, 
sawyers, and their servants, and all other artificers and 
labourers, for the building of battoes, and also for 
impressing horses, waggons, and all other things neces- 
sary for carrying on the expedition against Canada, 
with the utmost despatch, was proposed and speedily 
passed into a law. Three hundred men were likewise 
ordered to be detached from the city and county of 
Albany, to serve on the expedition against Canada. 
Nothing could damp the zeal and ardour of the assem- 
bly in advancing the proposed conquest, and in adding 
lustre to the British character on this side the Atlantick. 
Although the inhabitants of the colony groaned under 
this accumulated weight of glory, which was to immor- 
talize the valor and extend the dominions of his Britan- 
nick majesty in America ; still, every measure was 
cheerfully adopted to give full effect to the intended 
(Enterprise. The session, which had been protracted by 



lUslory oj New-York, 489 

fieqiient adjournments, was again closed, by adjourn- 
ment, on the 29th of July, not, however, without an ad- 
dress, on the part of the assembly, to his majesty, con- 
gratulating him on the successes of his troops in Eu- 
rope over tlie forces of the French, and the pretender, 
assuring him of the loyalty and affection of his du- 
tiful sul/jects in tiie colony of New- York. In the sum- 
mer of the year 1746, the city of Albany was visited 
by a contagious disease, which proved mortal to a great 
number of its inhabitants. In its appearance and effects 
it resembled the disease which has been since denom- 
inated the yellow fever. The Indians then encamped 
near the city, experienced the ill etfects of this com- 
plaint, and many of them became its victims. The 
governour, who was in Albany, dismissed them from any 
further attendance, on account of the ravages of the 
contagion. The disease subsided as the cold weather 
advanced, and by winter it had wholly disappeared. 



62< 



HISTORY OF KEW-YOM,K* 



PART XIII. 

tnckuVmg the remainder of the Year 1746, and part of 
the Year 1747. 



§ I. Indians pledged to join in the war. § II. Legislature refuse fui- 
ther supplies ; provisions seized at Albany by order of the gover- 
nouv. § III. Resolutions of the house thereupon. § IV. Gover- 
nour's answer ; further resolutions of the house ; prorogation. § V. 
JFailure of the campaign. § VI. Difference between the governour 
and assembly ; governour's address ; disposition of the forces ; re- 
flection on the people of Albany. § VII. Assembly resent the in- 
sult ; insinuate fraud in the governour in regard to the Indians ; house 
adjourned. § VIII. Reassembled ; refuse to provide for the pay 
of the troops, insisting that furnishing their provisions was sufficient; 
governour resorts to frequent adjournments in order to fatigue the 
house; the attempt ineffectual. § IX. Assembly importuned to join 
Massachusetts and Connecticut ; its resolutions thereupon ; proceed- 
ings of the house. § X. Dispute wi(h regard to the four companies 
at Albany, &c. assembly refuse to supply them ; garrisons at Oswe= 
go and Saratoga. 



On the 14th day of October, 1716, the general as- 
sembly was again convened. Owing to the indisposi- 
tion of the governour, he could not attend the house in 
person to open the session. He requested the speak» 
er to lay before the house the speech he had prepared ; 



492 History of New-York. 

which, after a declaration on the part of the house that 
the proceeding was unparliamentary, he was permitted 
to do. In this speech Ihe governour informed the 
house that the Six Nations, and the neighbouring In- 
dians, whom he had met at Albany, in the preceriing 
July, had, in tiie most solemn manner, pledged them- 
selves to take a part in the war against the enemy ; 
That Mr. Gooch, the governour of Virginia, had declin- 
ed accepting the command of the proposed expedition 
against Canada : That a fleet had been seen off Nova 
Scotia, which was suspected to be the enemy's Brest 
squadron : He recommended the raising of further 
supplies for the management of the Indian affairs, and 
concluded by exhorting the house to unanimity and des- 
patch. Before the house took the governour's speech 
into consideration, its attention was called to the disor- 
dered state of the publick finances. Mr. Clarkson, accord- 
ing to leave, brought in a bill for appointing commis- 
sioners to examine, and state the publick accounts of 
the colony from the year 1713. After which G/jOO/, 
were voted for victualling the troops destined for the 
expedition against Canada, during the time they should 
remain in winter quarters at Albany, and 200/. more 
were allowed for the expense of transporting provisions 
to that place. 

$ II. The house also resolved that no further provi- 
sion should be made for the detachments of militia sent 
from the several counties to Albany, in May and June, 
than what had already been allowed for that purpose. 
It was now evident, from the temper of the house, that 
the governour was not at present to expect any further 
extraordinary supplies for carrying on the war. Besides, 
a controversy arose, during this session, which widened 



History of Nai-York. i^j 

ibe breach between the governoiir and the legislature, 
and was productive of serious inconvenience to the war- 
like operations then about to be contiiuied. A com- 
plaint was made to the house by Cornelius Van Home 
and Paul Richards, esquires, the commi>:sioners appoint- 
ed to purchase provisions for the forces raised by the 
colony on the expedition against Canada, relative to 
certain provisions which had been forcibly seized and 
taken under authority from his excellency. Upon the 
investigation, it appeared that the houses of John J. 
Cuyler and Dirck Ten Broeck, esquires, (the commis- 
sioners at Albany) had been broken open by Henry 
Holland, esq. and a laige cpiantity of provisions taken 
away. That this act of violence had been committed 
in consequence of a refusal, by the last named commis- 
sioners, to supply four independent companies of fusi- 
leers from the publick stores, as the commissioners 
deemed the demand irregular and not warranted by the 
act under which they were appointed : That the gover- 
iiour had thereupon ordered the said provisions to be 
seized for the use of the four companies. 

III. This conduct on the part of the govertiour, in- 
flamed the house to such a degree, that it came to the 
following resolutions : 

" Resolved, That it is the opinion of this house, that 
his excellency was ill advised in granting the warrant 
for issuing provisions, for the four independent compa- 
nies of fusileers. 

" Resolved, That the commissioners for issuing the 
provisions at Albany, to the troops levied in this colo- 
ny, on the expedition against Canada, in refusing to de- 
liver any of the said provisions, for the said four inde- 



494 History of New-York: 

pendent companies, did their duty, and acted agreeable 
to the law, which intrusted them with the issuing thereof. 

" JResolvedy That the order issued by colonel John 
Roberts, to Henry Holland, esquire, for impressing 
provisions from the commissioners at Albany, appoint- 
ed by an act of this colony, for issuing the said provi- 
sions, is arbitrary and illegal. 

" Bcsolvedy That colonel .lohn Roberts, having issued 
an order to Henry Holland, esquire, for impressing 
provisions from the commissioners at Albany, appoint- 
ed by an act of this colony, has therein acted arbitrari- 
ly and illegally, and is guilty of a high misdemea- 
nour. 

" Mcsolvcd, That the breaking open the store-house 
at Albany, where part of the provisions designed for 
the forces, raised by this colony, on the expedition 
against Canada, were lodged, and forcibly seizing and 
taking away the said provisions, is aibitrary, illegal, 
and a manifest violation of the rights and liberties of 
the subject. 

" Resolved, That Henry Holland, esquire, having 
bi'oke open the said store, at Albany, where the pro- 
visions intended for the forces, raised by this colony, 
on tlie expedition against Canada, were lodged, and 
forcibly seizing and taking away the same contrary to 
law, is guilty of a high crime and misdemeanour. 

" Resolved, That any person in authority, using 
threats to influence any officer appointed by law, to act 
contrary to their duty, is illegal and a high misdemea- 
nour. 

" Resolved, That Cadwallader Colden, esquire, one 
of his majesty's council, having threatened the aforesaid 
commissioners for issuing the provisions at Albany, that 



History of New- York. 495 

if they would not undertake to transport the said pro- 
visions along with the army, the provisions should be 
taken from them, and other commissioners appointed in 
their stead ; has acted illegally, and is guilty of a high 
misdemeanour. 

" Resolved, That it is the opinion of this house, that 
it will be in vain for this house to furnish provisions for 
subsisting the forces, raised by this colony, on the ex- 
pedition against Canada, until proper assurances be 
given, that an effectual stop shall be put to such pro- 
ceedings. 

*' Ordered, That Mr. Cruger and Mr. Nicoll, wait up- 
on his excellency with these resolutions, and desire that 
lie will be pleased to order his majesty's attorney-gene- 
ral to prosecute the aforesaid delinquents." 

These resolutions are given to shew the firmness and 
undaunted spirit of the assembly, railier than to jus- 
tify the conduct of the commissioners or of the house. 
The dispute seemed more to involve a point of eti- 
quette, relative to official rights, than a question which 
concerned the essential interests of the colony. The 
four companies were undoubtedly a part of the troops 
necessary to carry on the war, and though the act of 
the governour might have been precipitate, yet it was 
certainly well intended and calculated to promote the 
publick service. But the truth was, the governour had 
taken into confidence Mr. Colden, and some others, 
who were particularly obnoxious to the assembly. Any 
measure which could have a bearing upon either of 
them, was agreeable to the house, and was adopted 
with eagerness and vigour. 

$ IV. The governour's answer was moderate and re- 
spectful. He stated the causes which had induced him 



496 History of New-York. 

to direct the seizure of the provisions in question : He 
explained tlie difficulties which had arisen during the 
campaign, and that a council of war had been called, 
who advised the proceedings complained of. The asse.n- 
bly, however, was not yet appeased. It resolved, " That 
(he answer returned by liis excellency, to the resolu- 
tions of this house, of the 8th inst. is in no respect sa- 
tisfactory ; and that this house cannot, in faithfulness 
to the people they represent, pass any bill for a fur- 
ther allowance for provisions, for the forces raised on 
the expedition against Canada, whilst the notorious 
abuses committed in such as have been already provid- 
ed, are openly avowed and encouraged. That whoever 
advised his excellency to return such an answer, have 
endeavoured to create jealousies and dissensions among 
the several branches of the legislature ; have encour- 
aged a manifest breach of the laws of this colony, and 
are enemies to the constitution thereof — That as soon 
as proper assurances shall be given, that the abuses 
committed in respect to the provisions already furnished 
for the subsistence of the forces, raised on the expedi- 
against Canada, shall be eflectually prevented, this house 
will cheerfully pass a bill for a further ample allow- 
ance for the subsistence of the said forces; and that un- 
til such assurances be given, this house cannot, in jus- 
tice to the people they represent, proceed upon any 
business whatsoever." 

The governour again endeavoured to conciliate the 
house. In his message, he regretted Ttiat his answer to 
the resolutions of the house was not satisfactory. He 
assured the house that all possible care should be taken 
of the provisions which had been seized ; that an exact 
account thereof should be laid before the assembly. 



Bistor}/ of NeiL'YorL 497 

That body seemed, at length, to be pacified. The 
bill for making further provision for victualling his 
majesty's troops, and for other publick services, vva^ 
passed, and received the assent of the governour. The 
house was shortly after prorogued to the 24th March, 
]747. The expedition against Canada, it will be per- 
ceived, had not yet met with the success that had been 
anticipated. Many causes had united in obstructing 
the attainment of this object. Much time had been 
consumed in gaining over the Indians, and raising sup- 
plies and men. The colonies had not combined their 
forces ; the British fleet had not arrived in season ; 
and much jealousy prevailed between the provincial 
governments in relation to the manner of conducting 
the enterprise, and of defraying its expense. The go- 
vernour Was so sensible of these difficulties, that in his 
address to the assembly, in March, 1747, he complain- 
ed of the loss of the campaign, and ascribed it princi- 
pally to the above mentioned causes ; yet that he en- 
tertained hopes from the arrangements that had been 
made, that the ensuing campaign would prove more 
successful. He stated that two forts were to be built 
at the carrying place,* near Crownpoint, for the secu- 
rity of the magazines and stores, and of the fron- 
tiers ; and transmitted to the house a computation of 
the expense for making an attack on Crownpoint. 

§ VI. The assembly and the governour again differed 
on some subordinate questions concerning the nev^ 
levies, and the employment of troops to scour and 
range the woods in the county of Albany, This differ- 
ence produced a long and animated discussion, and a 
minute detail of the operations of the government for 

* from the N. end of lake George to the W. end. of ladie ChamplaiB. 

63 



498 History of Netv- York. 

the preceding year. The govcrnour stated that the aV 
lowance of one shilling a day, for such of the new le- 
Tfies in Albany county as were to scour the woods, was 
not a sufficient compensation for that service ; and that 
the assertion that those levies had been unemployed,, 
though paid by the colony, was incorrect. That, in 
fact, parties of Indians had been sent as far as Crown- 
point and Sacrament lake,* for intelligence ; and part 
of the new levies, under captains Langdon and Tiebout, 
h^d been sent out to intercept the enemy : That an- 
other portion of the new levies had been employed in 
ranging the woods ; and a third had been stationed in 
such positions as were best calculated for the security 
of the frontiers : That orders had been given to fortify 
a camp of five bundled men at or near the carrying 
place, and a company of the new levies had been plac- 
ed at the Mohawks' castle ;t and another between that 
and Schenectady ; two companies at Schenectady ; 
three companies at Cannestagayune ;X four atHalfmoon ; 
two at Schagliticoke ; and three companies, besides de- 
tachments, at Saratoga. So that there were garrisons, 
of the new levies, in a line, from east to west, across 
the northern frontiers ; while the rest of the forces were 
kept in and round the city of Albany, on both sides of 
the river : That he was sensible that some other placet 
ought to have been secured, by erecting sniall forts, 
but that the refusal of tlie assembly to provide for tht 
expense, besiles furnishing provisions for the r.ew le- 
vies, prevented it : That he had kept the Mohawk In- 
dians from going out to hunt, and had likewise L.ent, to 
the other Indians of the Five Nations, directions to be 
m readiness to join in the war : That be had also 

* Iiske George. f Fort Hunter- t Now jSl&kayuna 



History of Neiv-Yorh 499 

ient colonel Roberts to governour Shirley, to consult 
and concert measures for the defence of the colonies, 
and the expedition against Canada ; and that some of 
the neiglibounng colonies had appeared willing to con- 
tribute a share towards the expense : That the assem- 
bly had shewn him personal disrespect, thereby con- 
temning the power from which his authority had flow- 
ed : That it was well known that the richest and prin- 
cipal men in Albany did not wish well to the success 
of any expedition against Canada, on account of the 
advantage they gained by a trade with that country, and 
especially during a state of war : That the principal 
difficulty in gaining over the Indians, arose from the 
great influence those men possessed over that people : 
Tliat they were like popish emissaries in the colony, 
ivho were secretly spreading discontent and discord 
among the inliabitants, of -which the late negro plot was 
a sufficient proof. He exhorted the house to make 
•3very preparation for opposing the enemy, who, it was 
said, had a powerful fleet at sea, destined for America. 
He concluded with assurances of uniting in every mea- 
sure for the publick good, and the defence of the colony, 
'} Vn. The assembly were in a gieat ferment at re- 
ceiving a speech which charged the inhabitants of one 
of its principal cities with disatfection, aiTd the house it- 
self with a most culpable neglect in providing for the 
defence of the colony. TIk^ members from Albany 
were violent in their declamations, and unreservedly 
denounced tiie governour as being under an influence 
unworthy of himself and of the colony. An answer was 
speedily voted ; the style of which was sarcastick and 
severe. It was couched in language apparently respect- 
ftd, but was, in truth, liighly bitter and reproachful. 



HOO History of Neiv-Yorh 

In the conclusion, it insinuated that the governour had 
been guilty of gross and palpable frauds and pecula" 
tions in respect to Indian affairs. This part of the an^ 
swer ought not to be omitted, as it is a specimen of 
the boldest language ever addressed to the executive of 
a country wholly independent of, and superiour to 
the legislature. It is as follows : 

" Though common reports not founded in truth, and 
innuendos and insinuations, that men of this complex- 
ion deal out so liberally, to answer their mischievous 
purposes, are little to be regarded with men of sense ; 
yet we were in hopes it had reached your excellency's 
ear ere now, that it has been ciUTently repoited, ever 
since your excellency's return from the Indian treaty 
at Albany, in the year. 1745, that the goods given by 
your excellency ay presents to the Six Nations that year, 
did not amount, in value, to one third part of the sum, 
allowed by the assembly, and that this computation wag 
formed by persons present, frouj the quantity of goods 
given them at the same time, on behalf of a neighbour- 
ing government, which appeared larger than what wag 
given by your excellency, yet the cost of the former did 
not amount to three hundred pounds ; that it has also 
been rumoured, that the French and Spanish prisoners 
imported in prizes, brought to this city, have, by some 
persons, under colour of your excellency's authority, 
been disposed of, from time to time, to the owners or 
commanders of flags of truce, at the rate of several 
pistoles a head ; these are reports which reflect so much 
upon your excellency's administration, that we should 
have remained uneasy, without giving your excellency 
the occasion of vindicating your own honour ; either by 
biioging the delinquents to justice, if any there be, thsst 



History of Nav^Yot't. i>01 

have so perjficliously abused your excellency's trust, or 
punishinof the authors of so shameful a scandal. 

" And now we hope we have evinced, that ive are not onlif 
carefvl oj our own honour and interest, but your excellen-' 
cy^s too ; at a season, when, with real concern, we find 
the colony in great danger of being involved in the ut^ 
most difficulties from the common enemy without, and 
divisions within, from the present posture and conduct 
of its affairs ; when the seeds of dissention are, as it 
were, authentically scattered and industriously propa- 
gated, through the arliiices of a designing man who has 
private views ; for though they have hitherto been pro- 
videntially blasted, we fear they may at length spring 
up, and bear a great increase, which God forbid." 

We shall not pursue this answer any further, it being 
sufficient to remark, that it denied the charge made by 
the governour, that the assembly had not provided for 
the defence of the colony ; and to support this denial, it 
recapitulated the various supplies which had, from time 
to time, been granted. It sneered at the charge that 
had been made against the inhabitants of the city of 
Albany, and roundly asserted that the governour 
was under the influence of a person who was ob- 
noxious to the colony, and who had, by his misman- 
afrement, occasioned difficulties with the Indians, and 
disturbed the harmony between the different branches 
of the government. The governour was so highly in- 
censed that he immediately adjourned the assembly, 
declaring that he would lay before his majesty and min- 
isters this proceeding of the house. The state of the 
colony, however, and the necessity of raiaing supplier 
would not permit of a long adjournment. 



502 History of New-York, 

') VIII. The house was reassembled in a few days, 
when the ij;overnour informed it that he had already 
engaged his own private fortune for his majesty's ser- 
vice, and that nine thousand pounds, which he had re- 
ceived on bills which he had drawn on England, had 
been expended in the payment of the new levies. He 
insisted that the house should indemnify him against 
these advances. The assembly resolved that it did not 
appear to be his majesty's intention that the colony 
should contribute any monies toward the pay of the 
forces raised for the expedition against Canada ; and 
that it was the duty of tlie colony to supply those for- 
ces with provisions only ; and concluding, nemine con- 
iradicente, " That if the safety of the people of this col- 
ony, in their lives and estates, should be endangered by 
the forces not being paid ; his excellency will only be 
to blame, as it is altogether in his power to provide 
against the evils which are threatened, and which may 
be so easily prevented, by his excellency's discharging 
the duty whicii he owes to his majesty." The gover- 
iiour was now determined to fatigue the house into 
compliance by frequent adjournments ; an expedient 
which seldom failed of producing effects directly the 
reverse from what was intended. His excellency ad- 
journed the house from the 5th of June to the 15th ; 
from that day to the 7th of July ; then to the 14th ; 
then to the 21st; then to the 30th ; then to August 4th. 

^ IX. On that day he informed the house that he had 
received a letter from governour Shirley, by express, 
informing him that it was thought necessary to deter- 
mine upon some plan for forming a junction between 
the forces now in the province of New-York, with those 
of jVlfa-^sachusetts and Connecticut ; that the whole ex~ 



History of New-York, 503 

peube, exclusive of proi^isions, for carrying this plan in- 
to effect, was computed at fourteen thousand pounds ; 
and recommending the assembly to provide for a por- 
tion of the expense. The house was not satisfied witti 
ihk recommendation, without first being informed what 
Massachusetts and Connecticut intended to contribute 
towards this burden. It resolved, " That it would 
come to any well concerted scheme, in conjunction 
■with the neighbouring colonies, for annoying the com- 
mon enemy ; and cheerfully contribute its just propor- 
tion of any r^ums of money (consistent with the circum- 
stances of the colony) which it should judge necessary 
for carrying such scheme into execution : Tliat it did 
not appear what sums of money had been alieady ad- 
vanced by the governments of the Massachusetts Bay, 
and Connecticut, to engage the Six Nations of Indians 
in their zeal for continuing their incursions, and joining 
in any enterprise against the enemy ; but that the 
house werc fully persuaded, that this colony had alrea- 
dy contributed much larger sums of money, for secur- 
ing those nations in his majesty's interest, than both the 
provinces of Massachusetts Bay and Connecticut put 
together ; and that his excellency best knew how those 
sums had been applied : That whatever expense the 
government of the Massachusetts Bay, Connecticut and 
iVevv-York, should find necessary to take upon them- 
selves, for carrying any well concerted scheme into ex- 
ecution, for annoying the common enemy, Itiis colony 
ougiit not to pay more than one third part thereof ; 
which it would always cheerfully contribute : And fur- 
ther, that the governments to the westward, ouglit to 
bear a share of all such expense ; and that it should be 
ihen a lessening of the contiibution of tlie colonies of 



504 Hialory of Ntw-YorlL 

the Masoachusetts Bay, Coiiiieclicul, airl New-York, 
according to the aforesaid proportion." 

^ X. The governour, a few days aikr, sent a mes- 
gage to the assembly, declaring that he conUl no long- 
er continue the expense, at the charge of I he crown, for 
supplying the four companies of fu-Ueers, at Albany, 
and the levies made in the other colonies, for the inva- 
sion of Canada, nor the expense of preserving t)ie friend- 
ship of the Indians, and sending out parties of that peo- 
ple to annoy the enemy, and to gain inlillii(ence oi 
their movements. He urged the house to make provi 
sion for those expenses, and for relieving the garrisons 
at Oswego and Saratoga. He informed it also that a 
considerable body of the French, and their Indians, 
had been seen between Saratoga and Crownpoint, and 
that troops had been despatched in pursuit of them. 
The assembly refused to furnish provisions for the four 
companies at Albany, alledging that their pay was suf* 
ficient for the purpose, and that they had always sub- 
sisted thereon, unless when placed in remote garrisons. 
It likewise refused to furnish the troops of the other 
colonies with provisions, as being highly unreasonable 
and unjust : That the crown ought to be at the ex- 
pense of securing the friendship of the Indians, espe- 
cially at this juncture, wlien the burdens imj)osed oh 
the colony, by rea«on of the waj-, were almost intole- 
rable. It voted further, that as the crown had hitherto 
defrayed the expense of the garrison at Saiatoga, it saw 
no reason for transferring that duty to the colony ; and 
that the allowance already made to the garrison at Os- 
wego was sufficient. It resolved, " That provision 
be made for the pay and subsistence of one hun- 
dred and fiftv effective men, officers included, to 



History of New- York, 506 

iange and scour the woods, in the county of Albany, 
for the space of fifty days, for the protection of the in- 
habitants of the said county, against the skulking parties 
of the enemy ; that they be divided into three compa- 
nies of fifty men each, viz. for the city of Albany, one 
company ; for the township of Schenectady, one com- 
pany ; and for the township of Kinderhook, one com- 
pany ; and that their pay be at the following rates, viz. 
for three captains, six shillings per diem, each ; for 
three lieutenaiits, four shillings per dit m, each ; and 
for one hundred and forty-four private men, two shil- 
lings and six pence per diem, each." 



64 



506 History of New-York, 

CONCLUSION. 



J. HE limits of this volume will not permit a continua- 
tion of our history to Uie present lime, upon the plan 
which has been adopted. At some future day the 
chasm will be supplied in a manner worthy of the sub- 
ject. Upwards of one hundred pages have been occu- 
pied in giving a view of the most prominent facts 
which have occurred during the short space of fifteen 
years, (from 1732 to 1747.) The subsequent period 
becomes still more interesting, the history of which 
will require another volume to complete. To do jus- 
tice to the period of which we have treated, less could 
hardly have been said, and more, perhaps, may have 
been expected. 

The following presents the names of the governours 
and lieutenant governours of the colony and state of 
New- York, to the year 1814. 

Colonial Governours and Lieutenant Governours. 

George Clinton, governour, October 10, 1753. 

Danvers Osborn, 1 753 ; took his seat at tiie council 
board, October 10, and died on the 12th. 

James De Lancey, lieutenant governour, 1753. 

Sir Charles Hardy, September 20, 1755. 

James De Lancey, lieutenant governour, June 3d, 
1757. 

Cadwallader Colden, president of the council, 1760 , 
appointed lieutenant governour, August 19, 176L 

Robert Monckton, governour, June 25, 1762. 

Cadwallader Colden, lieutenant governour, Septom 
ber 14, 1763. 



History of Nav-York, 



507 



Henry Moore, governour, November 29, 1765. 

Cad wall ader Golden, lieutenant governour, Septem- 
ber 29, 1769. 

John Earl of Dunmore, governour, October 31,1 770. 

William Tryon, governour, August 7, 1771. 

Cadwallader Golden, lieutenant governour, (acted) 
April 16, 1774. 

William Tryon, governour, .Tune 28, 1775. 
State Governours, 

George Clinton, 1777.. 

John .lay, 1795. 

George Clinton, 180L 

Morgan Lewis, 1804. 

Daniel D. Tompkins, 1807. 

Ibid, 1814. 



In the following table the first columrj of figures 
represents the pages of the quarto edition of Smith's 
history, referred to in the Revised Laws of New- York, 
and the second the corresponding pages in this edition, 

^arto edit. p. 22, see octavo cdtition page 48. 



31 

SI 

34 

75 

76 

98 

103 

245 

253 



in notis, 



iu notis. 



60. 
GL 
64. 

127. 

127. 

161. 

169. 

374. 

385. 



508 NOTES. 

SUGAR COLONTKS. The act brought into parliament rdaiing 
to the sugar colonies proposed restrictions upon the American colonial 
irafle, and encouragements to the West India commerce. We intend- 
ed to have given a detail of its particular provisions, but more impor- 
tant matter being crouded upon our attention, we have thought proper 
to omit it. 



NOTE A. 
This complaint of the Indians charged liie corporation of Albany 
with having obtained from them a deed, by fraud, of certain lands at 
3Fort Hunter. This charge appeared to be ill founded. The lands 
■were already iBclnded in the charter of Albany, and rendered any 
further conveyance unnecessary. 



NOTE B. 

The following particulars, relative to Zfenger, arc extracted from 
Thomas' History of Prmtii g 3 

At the next term of the supreme court, the grand jury found the pre- 
sentment against Zenger ignoramus. The attorney general Avas then di- 
rected to file an Information against him for printing the said libels, and 
he remained in prison till another term. His counsel offered exceptions 
to the commissions of the judges, and prayed to have them filed. The 
judges would not allow, <^r even hear the exceptions, and they excluded 
Zenger's counsel, Mr. Alexander and Mr. Smith, from the br.r. Zei ger 
obtained other counsel, viz. John Chambers, of New York, and Andrew 
Hamilton of Philadelphia. Mr. Hamilton made the journey from Phi- 
ladelphia to New-York for the sole purpose of defending Zenger. Zen- 
ger being put to trial pleaded " not guilty." The printing and publish- 
ing the papers were acknowledged bj Zenger's counsel, Avho offered to 
Sjive the truth in evidence. This the court would not admit. Mr. Ham- 
ilton argued the cau'^e in a most able manner, before the court and a 
numerous and respectable assemblage of people. The judges observed 
th t the jury might find that Zenger printed and publislied the papers in 
question, ind leave it to the court to determine whether they were libel- 
lous. IMr. Hamilton remarked, that they might do so, but they had a 
right, beyond all dispute, to judge of the law as well as the/ac^ &c. The 
jury having retired a short time, returned with a verdict, " Not Guilty," 
to the great mortification of the court, and of all Zfnger's prosecutors ; 
but which was received by the audience with loud bursts of applause, 
concluding with three cheers The next rlay Zenger was released from 
piis')u, after having been confined eight months. 

Zenger published the [Mew-York] Journal on Mondays, till he died, 
in the summer of 1 746. 

It was continued by his widow, Catharine Zenger, till December, 1 748, 
■when she resigned the publication to her son. J >hn Zenger. Her im- 
print was — " New-York : Printed by the widow Caihrine Zenger, at 



NOTES. 509 

tlip printing office in Stone Ptreet. Where advertisements are taken in, 
and all prrsons may be supplied with tills paper." 

John Zenger, in January, ) 748-0, new modelled the title of the Jour- 
nal, and added a cut, coaifely executed, of a section of (he royal arms, 
containing three lions gardant, encircled whh the usual motto. " Honi 
sflit qve mal y pcnsc ;" surmounted by a crown. The imprint — " New- 
Y<(rk : Printed by Johii Zcnger, in Stone-street, near Fort Cfeorgc ; 
Where advertisements are taken in at a moderate rate." 

John Zenger published this paper until about 1752, when it was dis- 
continuerl, but in 17tiO, the title Avas revived by John Holt. 

In the jVew- York Journal, of February 25, 1751, is the following ad- 
verlisement. 

'* !Vly country sr.bscribers are earnestly desired to pay their arrear- 
ages for this journal, which if they <!on't speedily, 1 shall leave off send- 
ing, and seek my money another way. Some of these kind customers 
are in arrears upw.uds of seven yec^vs ! Now as I have served them so 
long, I think it is time, ay, high liiKc too, that they give me my outset ; 
for they may verily believe tliat my very cloathes are almost worn out. 
]V. B. Gentlmen, If you have not ready money with you, still think of 
the printer, and v hen you have read tliis advertisement, and considered 
it. you cannot but say. Come Uame, (especially you inquisifive wedded 
men, let the bachelors take it to themselves) let us send the poor printer 
a few gammons or some meal, some butter, cheese, poultry, &c. In the 
mean time I am yours, &c. ./. ZcngcrJ" 

New-York, September 20, 1 73G. 

His majesty's council of the province of New- York being duly 
summoned to attend me in coinicil, as commander in chief of the pro- 
vince, and .Tames Alexander appearing, and the rest neglecting to ap- 
pear according to the said summons, so that a quorum could not bo, 
wade (o give me their advice concerning the appoiutmf nt of the fol- 
lowing magistrates of this city ; I have, in their <lefault, appointed Cor- 
nelius Van Home, mayor; William Smith, recorder; Richard Ash- 
field, sheriff; and Richard Nicolls, coroner, for the ensuing vcar, 

RIP VAN DAM. 



The following trial is given for the amusement of the reader. It is, 
perhaps, not generally known that any solemn judicial invettigation of 
a charge of Witchcraft ever occurred in this state while a colony. It 
is pleasing to observe, that in its conclusion, it was not stained with 
those characters of blood, which disgrace the history of a sister stale. 

At the court of assizes, held in New- York, the 2d day of October, 
J665, &c. 

The tryall of Ralph Hall, and Mary his wife, upon suspicion of 
witchcraft. 

The names of the persons who served on the grand jury : 
Thomas Baker, fToreiiian of the jury, of Kasthampton ; capt. John 



bio JVOTES. 

Synioiuls, of Hempsteed ; INfr. Hallett, of Jamaica ; Anthony Wa- 
ters, Thomas Wan<lall, of Marshpathkill ; Mr. Nicolls, of Stamford ; 
Balthazer l)e Haart, John Garland, Jacob Leister, Authonio De 
Mill, Alf'xander IMunro, Thomas Searle, of New-York. 

The prisoner being brought to the barr by Allard Anthony, she- 
riti'of New-York : This following indictment was read, first against 
Kalph Hall, and then against Mar^', his wife, viz. 

The constable and overseers of the towne of Seatalcott, in the 
east riding of Yorkshire, upon Long Island, do present, for our sove- 
raigne lord the king, that Ralph Hall, of Seatalcott aforesaid, upon 
the 25th day of December, being Christmas day last was twelve 
months, in (he 15th year of the raignc of our soveraigne lord Charles 
the second, by the grace of God king of England, Scotland, Ffrance 
and Ireland, defender of the faith, cV;c. and severall other days and 
times since thatdaj', by some detestable and wicked arts, commonly 
railed witchcraft and sorcery, <lid (as is suspected) maliciously and 
feloniouslj'^ practise and exercise, at the said town of Seatalcott, in 
the east riding of Yorkshire, on Long Island aforesaid, on the per- 
son of George Wood, late of the same place, by which wicked and 
detestable arts, the said George Wood (as is suspected) most danger- 
ously and mortally sickened and languished, and not long after, by 
the aforesaid wicked and detestable arts, the said George Wood (as 
is likewise suspected) died. 

Moreover the constable and overseers of the said towne of Seatal- 
cott, in the east riding of Yorkshire, upon Long Island aforesaid, do 
further present, for our soveraign lord the king, that some while af- 
ter the death of the aforesaid George Wood, the said Ralph Hall, 
did (as is suspected) divers times, by the like wicked and detestable 
arts, commonly called Witchcraft and Sorcery, maliciously and felo- 
niously practise and exercise, at the said town of Seatalcott, in the 
east riding of Yorkshire, upon Long Island aforesaid, ou the person 
of an infant child of Ann Rogers, widow of the aforesaid George 
Wood, deceased, by which wicked and detestable arts, the said infant 
child (as is suspected) most dangerously and mortally sickened and 
languished, and not long after, by the said wicked and detestable 
arts (as is likewise suspected) died ; and so the said constable and 
overseers do present, that the said George Wood, and the said infant 
childe, by the ways and means aforesaid, most wickedly, maliciously 
and feloniouslj' were (as is suspected) nmrdered by tiie said Ralph 
Hall, and the times and places aforesaid, against the peace of our 
soveraign lord the king, and against the laws of this government in 
such cases provided. The like indictment was read against Mary, 
the wife of Ralph Hail : Thereupon several depositions accusing the 
prisoners of the fact for which they were indicted, were read ; but no 
witnesses appeared to give testimony in court, viva voce, then the 
clerk calling upon Ralph Hall, bade him hold up his hand and read 
as follows : Ralph Hall, thou standest here indicted for that having 
not the fear of God before thine eyes, thou didst, upon the 25th day of 
December, being Christmas day last was twelve months, and at se- 



NOTES. 511 

vrral oilier tiiufs since (as is suspected) by some wickrd and detest" 
alile ar(s, cojnmonly culled witclicrait and sorcery, maliciously and 
felouioufiy practise and i'xercise upon the bodies of CJeorf^e Wood 
and an infaat child of Ann Rogers ; by uhicii said arts the said 
George Wood, and the infant child (as is su?[iected) most danger- 
ously and mortally fell sick and languished unio death. Kalph Hall, 
what dost thou say for thysclf-art thou guilty or not guilty '/ Mary, 
ihe wife of Ralph Hall, was called upon in like manner. 'I'hey both 
])leaded not guilty, and threw themselves to be tried Iiy God and the 
country. Whereupon their case Avas referred to the jury, who 
brought into the court this following verdict, vie. 

We having severall}^ considered the case committed to our charge 
against the prisoners at the bar, and having well weighed the evi- 
dence, "we lind that there are some suspicions by the evidence of 
what the woman is charge«l with, but nothing considerable of value 
to take HAvay her life ; but in reference to the man we find nothing 
considerable to charge him with. 

The court, thereupon, gave this sentence : That the man should 
be bound, body and goods, for his wife's appearance at the next ses- 
sions, and so on from sessions to sessions, as long as they stay within 
this government. In the mean while to be of good behaviour. So 
they were returned to the sheriff' s custody ; and upon entering into 
a recognizance according to the sentence of the court, they were re- 
leased. 

Appeals, actions, presentments, «tc. entered for hearing and tryall 
at the generall court of assizes, to be held in New-York, beginning 
on the first Wednesday of October, 1670 : 

In the case of Katharine Harryson, widow, Avho was bound to the 
good behaviour, upon complaint of some of the inhabitants of West- 
chester, until the holding of this court. It ordered, that in regard 
there is nothing appears against her deserving the continuance of 
that obligation, she is to be released from it, and hath liberty to re- 
main in the towne of Westchester, where she now resides, or any 
where else in the government, duriug her pleasure. 

A release to Ralph Hall, and Mary, his wife, from the recognizance 
they entered into at the assizes : 

These are to certify to all whom it may concerne, that Ralph Hall, 
and Maiy, his wife, (at present living upon the great iMinifords isl- 
and) are hereby released and acquitted from any and all recognizan- 
ces, bonds of appearance or other obligations entered into by them or 
either of them, for the peace or good behaviour, upon account of any 
accusation or indictment upon suspicion of witchcraft, brought into 
the court of assizes against them, in the year lGt35 ; there having 
been no direct proofs nor further prosecution of them since. CJiven 
tinder my hand at Fort James, io New-York, Ihis 21st day ol An 
gust, 1668. R. NICOJ.LS. 



CONTENTS. 

PAGE. 

PART I. Prom the discovery of the colooy to the surrender in 1 b()4, V7 

PART II. From the surrender in 16G4, to the settlement at 

the rpvohition, . 51 

PART III. From the revolution to the second expedition 

against Canada, 121 

PART IV. From the Canada expedition, in 1709, to the ar- 
rival of Governour Burnet, 193 

PART V. From the year 1 720, to the commencement of the 

administration of colonel Cosby, 230 

PART VI. Chap. I. A geographical description of the country, 283 

CHAP. II. Of the inhabitants, 

CHAP. III. Of our trade, 

CHAP IV. Of our religious state, 

CHAP. V. The political state, 

CHAP. VI. Of our laws and courts. 
Of the justices court. 
The sessions and court of common picas, 
The supreme court. 
The court of admiralty, 
The prerogative court. 
The court of the governour and council. 
The court of chancery, 

PART VII. From the year 1732 to the year 1736, including 
the whole period of governour Cosby's administration, 

PART VIII. From the year 1736 to the year 1738, inclusive 
...Including part of lieutenant governour Clarke's adminis- 
tration, 

PART IX. Including from the year 1738 to 1741. ..Being a 
continuation of the government under lieutenant governour 
Clarke, 

PART X. Including from the year 1741 to the year 1743, 
irhen governour Clinton arrived, and terminated the ad- 
ministration of lieutenant governour Clarke, 443 

PART XI. Including from the year 1743 to the year 1745, 

being two years of governour Clinton's administration, 45T 

PART XII. Including from the year 1745 to the year 1746, 473 

PART XIII. Including the remainder of the year 1746, and 

part of the year 1747, 491 

Conchision. 506 



318 
326 
334 
350 
371 
373 
374 

ib. 
383 

ib. 

ib. 
385 

393 



413 



429 












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